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04/02/1991 - City Council Regular AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING APRIL 2, 1991 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) IV. 6:55 - CONSENT AGENDA (PINK) - f. Z A. PERSONNEL ITEMS 4! B. LICENSES, Plumbers liC. LICENSE, Refuse/Recycler, Northern Disposal D. APPLICATION, Exemption from Gambling License for Dakota, Inc. n E. APPOINT Representative to the Metropolitan Airports Commission's Land Use Policy 1 p. I w Advisory Committee P . 3 F. ARC Recommendation/Comments Concerning Federal Stage 2 Phase Out-Rules Z 0G. SET Public Auction Date for June 1, 1991, at 3840 Pilot Knob Road (Orr House Site) 10:00 a.m. H. RATIFY Ordinance Amendment, Chapter 6, Redefining Targeted Recyclables ' I. RATIFY Ordinance Amendment, Chapter 2, Name Change for the Advsiory Parks, Recreation, and Natural Resources Commission P3 J. AUTHORIZE Settlement Agreement with BBD Investments on Escrow Account ,r K. ACCEPT Bid and Authorize Purchase of Large Capacity Mower F 37 L. CONTRACT 90-13, Receive Bids/Award Contract (Pond JP-67 Water Quality Pond & Effress Addition Storm Sewer) M. PROJECT 610, Receive Feasibility Report/Order Public Hearing (Oaks of Bridgewater 2nd) I -4N. PROJECT 589R, Receive Feasibility Report/Order Public Hearing (Elrene Road & Trails P End Road - Utilities and Street Reconstruction) P. 0 0. PROJECT 546, Receive Final Assessment Roll/Order Public Hearing (Cedarvale Boulevard - Overlay) 4, P. CONTRACT 89-13, Approve Change Order #8 (Cliff Road Water Treatment Facility) 3f Q. PROJECT 564, Cancel Project (Rahncliff 2nd Addition - Street Improvements) r 1 3 2 R. CONSIDER Reappointment of Alternate Representative to the Gun Club Watershed p• 7 Management Organization 1 S. RECEIVE Bids/Award Seasonal Rental Agreement, City-Owned Agricultural Property, it Diffley Road and Lexington Avenue V. 7:00 - PUBLIC HEARINGS (SALMON) P.111r A. VACATE Utility Easement, Lot 27, Block 3, Eagandale Center Industrial Park #4 .1 B. PROJECT 566, Final Assessment Hearing (Coventry Pass Addition - Trunk Storm and r1 Sanitary Sewer) 1 VI. OLD BUSINESS (ORCHID) 1 3 A. RESOLUTION, Dakota County Solid Waste Management Strategy r�' B. CONSIDERATION of Seneca Plant Development Agreement - Proposed Revision to Schedule Regarding Incinerator Odor Control Improvements 1'1 1G C. CONDITIONAL USE PERMIT, R. L. Johnson Investment Co, Inc. , to Allow Outdoor Storage in a LI (Light Industrial) District and a Special Permit for a Fence in Excess of 6' Tall on Lot 1, Block 1, R. L. Johnson 2nd Addition Located along Yankee Doodle Road • and Yankee Doodle Drive in the SE 1/4 of Sec 8 and the NE 1/4 of Sec 17 VII.. ' NEW BUSINESS (TAN) . 27A.7 A. CONSIDER Stop Sign Petition, Safari Pass at Safari Trail (21 f(t B. CONSIDER Stop Sign Petition, Diamond Drive at Sapphire Lane 4. C. REQUEST for Waiver of Warranty Maintenance Bond Requirement (Fairway Hills Addition - Project 86-W D. COMPREHENSIVE GUIDE PLAN AMENDMENT, Weierke Trenching & Excavating Company, Changing �,14)—% the Land Use Designation from D-1 (Single Family) to NB (Neighborhood Business) and a REZONING, of Approximately 2.4 Acres from AG (Agricultural) to NB (Neighborhood Business) Located Along the Southwest Intersection of Dodd Road and Cliff Road in the NW 1/4 of Sec 36 eZIE. AMENDMENT, City of Eagan, to the Eagan City Code, Chapter 11, "Land Use Regulations (Zoning)" to Allow Pawn Shops as a Permitted Use in CSC (Community Shopping Center) Districts VIII. ADDITIONAL ITEMS (GOLD) IX. ADMINISTRATIVE AGENDA (GREEN) X. VISITORS TO BE HEARD (for those persons not on agenda) XI. ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 28, 1991 SUBJECT: AGENDA INFORMATION FOR THE APRIL 2, 1991 CITY COUNCIL MEETING !ADOPT AGENDAAPPROVE MINUTS After approval is liven to the April 2, 1991 City Council agenda, Special City Council minutes for February 26, 1991 and regular meeting minutes for the March 19, 1991 meeting, the following items are in order for consideration. DEPARTMENT 1 EAD BUSINESS There are no items under Department Head Business. Agenda Information Memo April 2, 1991 City Council Meeting CONSENT AGENDA There are nineteen (19) items on the agenda referred to as consent items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS Item 1. Informational--The following three items are presented for the Council's information. No action is required on these items. A. Receptionist/Clerical Technician II/Police Department--In official action at the March 19, 1991 Eagan City Council meeting, the Council approved the hiring of a person to be named by the interview panel on March 20, 1991 for the position of Receptionist/Clerical Technician II in the Eagan Police Department. For the Council's information, that person is Mary Mills. Ms. Mills successfully completed the City's physical examination requirement and began work with the City as a part-time employee on March 25, 1991. B. Student Interns/Park Department--In cooperation with Mankato State University and the University of Minnesota, the City of Eagan Park Department is hosting two undergraduate interns for the spring quarter. Both interns are Eagan residents. The internships are of eleven (11) weeks duration. Completion date will be June 7, 1991. The students will participate in a wide range of Parks & Recreation Department spring activities and will be involved in the planning for the summer programs. The two interns are Julie Erickson and Benita Sollar. Undergraduate interns receive no salary; however, they do receive a nominal stipend for expenses. C. Seasonal Park Worker--Because of the early arrival of spring, the Parks and Recreation Department has scheduled practices for their fields beginning the first week of April (weather permitting). Therefore, it has been necessary for City Administrator Hedges to approve the hiring of a seasonal park worker to prepare those fields. For the Council's information, the worker so hired is Brent Tait. Item 2. Sergeants' Bargaining Agreement--When the 1991 bargaining agreement with the Sergeants' unit was agreed to by the Council and the unit, it was with the option that when the Police Association bargaining agreement was settled, the sergeants' group could request a reopener if the Police Association agreed to the health insurance contribution of$262.76 per month for those persons choosing family coverage. This was the settlement. The sergeants have requested a reopener. Their proposal includes a one-time pay adjustment C72■ as of December 16, 1991 of $478.72 per sergeant. Also, as of the first pay period in 1992, the sergeants' pay rate would be adjusted by 22 cents. This then would be the figure from which 1992 negotiations will take place. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a one-time pay adjustment for 1991 for the police sergeants which will be paid on December 16, 1991 and a 22 cent adjustment to the pay rate as of the first pay period in 1992. 3 Agenda Information Memo April 2, 1991 City Council Meeting PLUMBERS LICENSES B. Licenses, Plumbers--Eagan City Code requires that plumbers be 'ceased on an annual basis for operations within the City of Eagan. Enclosed on page is a list of plumbing contractors whose applications are in order for consideration by t e Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers licenses as presented. li PLUMBERS LICENSES APRIL 2, 1991 1 . Cokley Plumbing 2 . Doody Mechanical, Inc. 3 . Glendale Contracting, Inc. 4 . Joseph E. Peters Plumbing 5. Plumbing Service Center 1.51°. II Agenda Information Memo April 2, 1991 City Council Meeting REFUSE/RECYCLING LICENSE C. License, Refuse/Recycler, Northern Disposal--An application has been received of Thomas Bisanz doing business as Northern Disposal Incorporated for uaultiple dwelling/ commercial license. A copy of the application is enclosed on page 7 for your review. It is in order for consideration by the Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the refuse/recycler license for Northern Disposal as presented. 3830 Pilot Knob Road Eagan, MN 55122-1897 (612)454-8100 CITY OF EAGAN APPLICATION FOR LICENSE �� REFUSE/RECYCLING I, 1 X67 1 l-. f i.5gn�hereby make application for a Refuse/Recycle license for the year 19�z � • OWNER: ,,. _ . - %S G PC ' Name Address L ira- AD7 . c;) y t72 y/' ��- City State Zip Telephone BUSINESS NAME: /I/4f7Iffjt1 D/SPC)SAL ch 654,✓ZC Address City State Zip Telephone Municipalities where presently licensed: /L;1t . SCHEDULE OF FEES AND REQUIREMENTS: Type of License Residential Dwelling ($50 first truck/$25 each additional) -- Required for haulers serving single family detached, duplex and four-plex units . -- Includes Residential Recycling License at no additional fee. -- Additional requirements outlined in Hauling Ordinance as attached. X Multiple Dwelling/Commercial ($50 first truck/$25 each additional) -- Required for haulers serving multiple family dwellings larger than four-plexes and commercial accounts. -- Permits, but does not require commercial recycling provided that documentation of quantities recycled is provided to the City. Contact recycling staff for details. -- Includes Residential Recycling License at no additional fee. -- Additional requirements outlined in Hauling Ordinance as attached. Residential Recycling ($50 first truck/$25 each additional) -- Required for haulers performing residential recycling for single family, duplex, four-plex and multi-family residential. -- Applicable to independent firms and subcontractors to licensed haulers. Combination Residential Dwelling/Multiple Dwelling/Commercial ($75 first truck/$25 each additional) -- Permits service to all types of refuse accounts. - -- Includes requirements as defined for each individual license. -- Includes Residential Recycling License at no additional fee. NUMBER OF TRUCKS TO OPERATE IN EAGAN: J TO CALCULATE LICENSE FEE o, Individual license 1 truck @ $50 + 1 trucks at $25 - '7 S Combination license 1 truck @ $75 + trucks at $25 - PROVIDE: $2,000.00 bond Certificate of Insurance Rate Schedule Agenda Information Memo April 2, 1991 City Council Meeting DAKOTA INCORPORATED/GAMBLING LICENSE EXCEPTION D. Application, Exemption from Gambling License for Dakota Inc.--An application has been received of George Moudry on behalf of Dakota Incorporated requesting an exemption from the lawful gambling license requirement for purposes of holding a raffle at Blue Cross/ Blue Shield as a part of Dakota Inc.'s annual activities there be scheduled for September 21 - 22, 1991. Dakota Incorporated qualifies for such eemption as a non-profit organization. A copy of the application is enclosed on page for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve an exemption from the gambling license requirement for Dakota Incorporated as presented. FOR BOARD USE ONLY FEE CHK Leet 0 hr 4- • Minnesota Lawful Gambling INIT DATE i 114J90' Application for Exemption from —T Lawful Gambling License /q085-4/---00/ Fill in the unshaded portions of this application for exemption and send it in at least 45 days before your gambling activity for processing. Organization iJame Current/previous license number Current/pre exempt number Dakota, Inc. 19085-98962 Street City State Zip code County 680 O'Neill Drive Eagan MN 55121 Dakota Chief executive officer Phone Treasurer Phone George A. Moudry (612 ) 454-2732 George A. Moudry (612 ) 454-2732 Attach proof of nonprofit status which shows Check the box below which indicates your type of organization th t your organization is nonprofit ❑ Fraternal ❑ Religious ❑ Veterans 17 Other non-profit IRS designation 0 Certification of good standing from the Minnesota Secretary of State's office O Affiliate of parent nonprofit organization (charter) 04, of site where activity will take place Blue Cross and Blue Shield of Minnesota Street City Township State Zip code County 3535 Blue Cross Road, Eagan M" 55122 Dakota Date(s)of activity September 21-22, 1991 llupes �a F1nanc at Report Game s t�wfp#a £it sr Iss,it>±ttdtrtp list ptdfii Mail i Valor �,. trostofP.UM nf:Prizes .Bingo ❑ 11 1 MMI All ♦ If.til 1 I. 111f t / 1 \ 1 Raffles . T , 1J Paddlewheels 0 Tipboards • 0 Pull-tabs ❑ I #3fsitt tot frarsr whom>�amblir>Q equipmentwas purchased declare all information submitted to the istrtot's itaete ntunber Gambling Control Division is true, accurate, a s areatx tet�att ► nd comp te. romb9 Gan�ai ^�� 4 duB,Sant*t d aihp1Bf$ Chief executive officer's signature Date hfaf executltra�tfticer's signature> Date I have received a copy of this application.This application will be reviewed by the Gambling Control Division and will become effective 30 days from the date of receipt by the city or county,unless the local government passes a resolution to specifically prohibit the activity.A copy of that resolution must be received by the Gambling Control Division within 30 days of the date filled in below. Cities of the first class have 60 days in which to disallow the activity. City or County Township City or county name Township name CttY of EAGAW Sirur of person wing application Signature of person receiving application �rJ 3—/9-9/ Title Date received Title Date received AOmr4/, A ssr win.-Baud Mail with $25 permit fee and copy of proof of nonprofit status to: --a°- •ec^ ment of Gaming -Gambling Control Division r olums lc shaded �°eo°b Rosewood Plaza South,3rd Floor tnmpa�.n.e.e��r Gold—.City a County 1711 W. County Road B • Roseville. MN 55113 Agenda Information Memo April 2, 1991 City Council Meeting MAC LAND USE POLICY ADVISORY COMMITTEE E. Appoint Representative to the Metropolitan Airports Commission's Land Use Policy Advisory Committee--Correspondence has been received of the Metropolitan Airports Commission relative to the newly authorized MAC Land Use Policy Advisory Committee and extending an invitation to the City of Eagan to appoint a representative to this body. Committee membership primarily consists of representatives of the MAC, MASAC, Metropolitan Council, FAA and airport neighbor cities. The purpose of the group is to design an implementation plan for the land use elements of the Part 150 Land Use Program including but not limited to financing options, public input, soundproofing, zoning and land use changes, land acquisition and redevelopment, purchase guarantees and building code changes. A representative may be a City Council member or staff person due to the nature of the discussions and need to coordinate activities with various departments of the City. It is anticipated that meetings will be held during or at the end of the work day and that approximately 1 - 2 meetings per month can be anticipated over the next six months. This request was received after the most recent Airport Relations Committee meeting and, as such, the committee has no recommendation in this regard. Enclosed on pages I and Ia. is a letter from the MAC requesting that the cities respond to this request by April 1. Staff has informed them that the earliest the council can make the recommendation is April 2. Jon Hohenstein has worked as staff liaison in airport relations matters to date and, absent an alternative recommendation by the Council, would be appropriate for consideration in this regard. Because of the land use aspect of these discussions, Mr. Hohenstein would be required to coordinate activities closely with and require direct assistance from the Community Development Department. ACTION TO BE CONSIDERED ON THIS ITEM: To appoint Jon Hohenstein as the Eagan representative to the MAC Land Use Policy Advisory Committee. METROPOLITAN AIRPORTS COMMISSION s4-ti Minneapolis-Saint Paul International Airport - 6040 - 28th A\'enue South• Minneapolis, MN 55450 d w ;,,, z Phone (612) 726-8100• Fa\ (612) 726-5296 z _MA V — - • r: 1 GF3. MAR 4 2. March 13, 1991 Mayor Thomas Egan City Hall 3830 Pilot Knob Rd. Eagan, MN. 55122 Dear Mayor Egan: In April 1990, the FAA approved the MSP Airport Noise Compatibility Program (NCP-Part 150) submitted by the Metropolitan Airports Commission (MAC) outlining proposed operational and land-use measures. The MSP Land Use Management Plan within the Part 150 document included several land use compatibility programs for surrounding airport communities within the LDN 65, 70 and 75 noise contours. The programs include residential soundproofing program, school/public building soundproofing program, zoning and land use changes , land acquisition/demolition/redevelopment program, purchase guarantee program, and building code changes. In February, 1991, MAC selected the consulting team of Aviation Planning/Wyle Laboratories to develop with MAC Staff and Center for Energy and the Urban Environment (CEUE) the design implementation plan for MSP's Part 150 Land Use program. When completed, this plan will define the yearly schedule and priorities of the Part 150 Land Use program implementation at MSP, reflecting the multi-jurisdictional interests of communities within the LDN 65-75 noise contours . Some of the - • • - • - • a. - Ares - _ '11 include are land use •r• - - ii •- - ••H- •t co - •••• . •- - - , -s •u. 1C •in•ut •ro:ram d- e • •.- • adm' •• - 'v- • o: am deve opm nr c; y-specific program priority development, and pub lr in „r from 1 con u i t es wi r ,n he LDN 65-75 no's- • • • ne- ••li - - - ••. • -ton, Eagan- Mendota----_ H _ X To ensur- •- - • • • - - • • - implementation d: -fin process :iv- • mu i- 'urisdictional interes .-C 's • •��• •_ i - MSP - •• Use Policy Advisory Committee to work w' • .- - - ' . • ' - .• n: le Labs �te_an�. The Land Use Policy Advisory Committee will meet with MAC's consultant team during key intervals throughout the design process to monitor and make recommendations on the development of the land use implementation plan. The Land Use Policy Advisory Committee will consist of 11 members representing: MAC (1),. MASAC Chair & Vice Chair (2) , Metropolitan Council (1) , FAA-Airport District Office (1) , City of Minneapolis (1) , City of Richfield (1) , City of Bloomington (1) , City of Eagan (1) , City of Mendota Heights (1) , City of St. Paul (1) . Due to the prior involvement of MASAC in the formulation of this MSP Part 150 Study, the Chair and Vice-Chair of MASAC have been designated the Chair and Vice-Chair of this Policy Advisory Committee. The !Metropolitan Airports Commission is an affirmatis°e action employer. \r.. I' \11'' \'' • AV!)K:A Ctll'\Tl I I AtAi: •C;R"'1AI • 'I-v.IV, t;]f tID • L:'.i,F HMO •SAI\T PAI'1. DCAV A,n11'v • Page 2 The Metropolitan Airports Commission has approved this committee structure and now requests that the city appoint an individual using an approved appointment process to act as the Land Use Policy Advisory Committee representative for the City of Eagan. The candidate should possess the ability to make recommendations on behalf of the city while serving on the committee, as well as, serve as the chief liason to the city offices and community. The City of Eagan committee representative will also act as the leader of a special "City Core Team" selected by the city that could include technical, planning, community relations and administration representatives. The "City Core Team" will be formed at a later date to assist in the coordination of public meetings, workshops , demonstrations and implementation priorities within the city. MAC would like to move ahead quickly on the design implementation process and, if possible, would like to have an appointment for your city representative by April 1, 1991. A letter of appointment should be submitted to Mr. Steven Vecchi, Metropolitan Airports Commission. All representatives will be notified by mail of the first meeting date tentatively scheduled for early April. Thank you for your time and consideration concerning MAC's Part 150 Land Use Implementation Plan design. MAC looks forward to working with the City of Eagan throughout this important process. Sincerely, 4 , 1. Steven J. Vecchi, Project Manager Land Use Implementation Design Project Metropolitan Airports Commission 6040 28th Ave. S. Minneapolis, MN. 55450 Agenda Information Memo April 2, 1991 City Council Meeting STAGE 2 AIRCRAFT PHASE OUT RULES F. ARC Recommendation/Comments Concerning Federal Stage 2 Phase-Out Rules--At its regular meeting of Tuesday, March 12, 1991, the Eagan Airport Relations Committee recommended that the City endorse the comments made by the National Organization to Insure a Sound-Controlled Environment (NOISE) concerning the proposed FAA rules on Stage 2/Stage 3 restrictions and the Stage 2 phase out currently being considered by the Federal Aviation Administr tion. A summary of these comments is enclosed in the staff memorandum on pages / through IS°. and the comments themselves are enclosed on pages /(p through / . The deadline for comments is April 15, 1991. While the Airport Relations Committee will meet once again prior to that, the City Council will not. That being the case, the committee requested that as a part of this action, the Council authorize staff to forward additional comments to the FAA by April 15 if such comments are consistent with the position described herein or previously stated City policy. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the recommendation of the Airport Relations Committee to endorse the NOISE comments on the proposed FAA rules relative to Stage 2/Stage 3 restrictions and Stage 2 phase-out and direct staff to make such other comments as may be appropriate and consistent with City policy prior to the April 15 deadline. 1 t -11) MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: MARCH 15, 1991 SUBJECT: STAGE 2/STAGE 3 RESTRICTIONS AND STAGE 2 PHASE-OUT COMMENTS In action taken at its Tuesday, March 12, 1991 meeting, the Eagan Airport Relations Committee considered the rules being developed by the Federal Aviation Administration with respect to the above- referenced matter as mandated by the Airport Noise and Capacity Act of 1990. Because the rules are somewhat extensive and technical in nature, the Committee made use of a position developed by the National Organization to Insure a Sound-controlled Environment (NOISE) which was delivered to the FAA's first public hearing on March 5, 1991. The Committee recommends adoption of these comments by the City Council as the City's position in this regard. In summary, the comments by NOISE relate to the following: 1. Comment Period--The regulations were released on February 28 and public comment period will end on April 15. This 45 day comment period seriously limits the ability of the public and public agencies to adequately review and process comments in this regard. It is ironic that the 45 day comment period for the rules is one-quarter of the 180 day comment period that any noise restriction developed under the rules will receive. 2 . Additional Stage 2 Restrictions--At the time that the Act was adopted, it was indicated that its purpose was to eliminate noisy Stage 2 aircraft from the fleet while prohibiting noise restrictions which would inhibit the use of a Stage 3 aircraft. The current FAA rules appear to limit the ability of airport reprievers to apply additional restrictions to Stage 2 aircraft in excess of the Stage 2 phase-out schedule in the rules themselves. NOISE opposes such a restriction and supports the authority of airport proprietors to further restrict Stage 2 aircraft as part of their noise abatement strategy. 3 . Part 150 Process--The rules as proposed identify the Part 150 planning process as the means by which Stage 2 and Stage 3 restrictions will be proposed and reviewed. It is generally held that the Part 150 process requires substantially more effort than would be necessary to analyze operating restrictions and, further, the Part 150 process provides mechanisms by which the FAA could extend the review period for such proposal and/or tie such proposals to the approval for federal noise abatement planning and mitigation funds. It also tends to "sanctify" the Ldn contour as a measure of noise impact, despite generally held opinions in the field that the contour is grossly inadequate as a measure of noise impact. 4. Stage 3 Restrictions--While the intent of the Act was to eliminate Stage 2 aircraft and encourage Stage 3, there remain noise control strategies such as the noise budget which would be severely limited under the current rules. Because there may be even quieter aircraft technologies in the future, it would be inappropriate to strip airport proprietors of the right to demand further noise reductions as they continue to become available. The rules place the burden of proof on the local airport proprietor to prove that proposed restrictions do not interfere with air commerce within the context of six fairly complex criteria which are difficult, if not impossible, to measure. NOISE suggests that the analysis requirements for Stage 2 and Stage 3 restrictions should be the same and less stringent. Moreover, NOISE contends that the FAA is the only agency with evidence to approve or disapprove some of the conditions and criteria prescribed and that the airport proprietor should only be constrained to a good faith effort to achieve certain ends while requiring the FAA to prove conclusively that � g P Y they have not. 5. Stage 2 Phase-Out--NOISE supports a stepwise reduction of Stage 2 fleets which would move all airlines incrementally toward an absolute cut-off date of December 31, 1999 . NOISE is specifically opposed to any program which prevents the transfer of Stage 2 rights between airlines as it would only maintain noisy circumstances at certain airports while making the ultimate phase-out increasingly difficult for those that maintain the Stage 2 fleets the longest. The Committee also indicated that it would appreciate the opportunity to review additional information in this regard as it becomes available. Unfortunately, the Committee does not meet again until April 9 and the Council meeting following that on April 16 would be after the comment period closes. Therefore, the Committee requests that as a part of this action, the Council also authorize staff to forward additional comments to the FAA by April 15 if such comments are consistent with the position described herein or previously stated City policy. ACTION REQUESTED BY THE CITY COUNCIL: To approve or deny the recommendation of the Airport Relations Committee to endorse the noise comments on proposed FAA rules relative to Stage 2/Stage 3 restrictions and Stage 2 phase-out and direct staff to make such other comments as may be appropriate and consistent with City policy prior to the April 15 deadline. As- Stan to the City Administrator At achment JH/vmd 03. 0 '7. 91 10 : 19 AM P02 NOISE National Organization to Insure a Sound-controlled Environment 1225 Eye Street•H.W. •Suite 300• Washington,DC 20005.202/682.9386 COMMENTS ON PROPOSED FM RULES Stags 2MStag• 3 Restrictions and Stage 2 Phaseout by Charles F. Price Executive Director March 5, 101 The National Organization to insure a Sound-controlled Environment (NOISE) welcomes this opportunity to respond to the proposed rules on Stage 2/Stage 3 noise and access restrictions and Stage 2 phaseout mandated by the Airport Noise and Capacity Act of 1990, which have been released for public comment by the Federal Aviation Administration (FAA). We are pleased FAA is holding three regional public hearings to Invite comment on fts proposals, and we are sympathetic to the dilemma imposed on the agency by the severe time constraints mandated in the Act. Indeed, we are impressed by now much substantive work has been accomplished in the short period of time since passage of the Act, and by the extraordinary lengths to which the agency has gone in an effort to provide copies of the NPRM'e to interested groups and individuals in advance of this first hearing. But however admirable these efforts, we feel It is necessary to point out an unfortunate fact which seriously reduces the utility of at least this first hearing. Although organizations like ours, privileged with a degree of special access, received advance copies of the NPRM's a few days before the hearing, an Individual or group without such access and reliant for such notices on mall delivery of the Federra.l Register, has very likely still not seen them and, if located in this area, cannot possibly appear here to react meaningfully. In this group we must certainly include a number of concerned average citizens, who deserve an opportunity to comment as much as or more than the special interests like us who enjoy privileged access. Furthermore, even those of us who did receive advance copies have had only a week or so to digest the complex and lengthy material In the NPRM's and attempt to formulate useful comments. For this reason, the comments I shall make today can only be considered very preliminary and subject to later revision. NOISE will present written comments during the 45-day comment period which will express our full and formal views on the FAA proposals. i raise these points not simply to be contentious but to express a concern that this entire process, beginning with enactment of the legislation, has been characterized by insufficient opportunities for public views to be considered. The enactment of the legislation as a part of the budget reconciliation process was so hasty, closely-held, and well-nigh impenetrable that meaningful public understanding and comment was effectively precluded. Furthermore, it obviated the prior work of the House Aviation Subcommittee which had sought comment during hearings aimed el dPvelop,nent of a fair and effective noise policy this year. /GP UJ. U *(. 1 10 : 19 AM P03 • .2- Thus K is incumbent on all of us, agency officials and commenters alike, to do the best we can under very constrained circumstances to render responsible views and to responsibly consider them. The task of shaping a sensible noise policy that respects all interests is too critical for us to do otherwise. Let me now proceed to our major comments;first, with regard to the proposed rule on Stage 2/Stage 3 restrictions. There has recently been sharp debate over the question of whether the Act permits airports to eliminate or phase out the operation of Stage 2 aircraft in advance of the Federal deadlines. NOISE is heartened to see that FAA at least does not absolutely deny airports this. right. The proposed rule anticipates that such restrictions would occur "only In exceptional circumstances. This is heartening, however, only in the context of statements by Sen. Ford suggesting that the law does not permit them at all. Otherwise, NOISE strongly believes any limitation on the right of airports to impose Stage 2 restrictions goes entirely beyond the Intent of the law, and has no place in the rule. Due to the circumstances of enactment, there is Mlle in the way of a legislative record to consult in an effort to determine congressional intent in this area. What does exist - a colloquy between Sens. Bradley, Lautenberg, and Ford - suggests that nothing in the law affects the ability of airports to impose Stage 2 restrictions. Chairman Oberstar of the House Aviation Subcommittee has expressed a concurring view. The law is altogether silent on the point. It has been the clear understanding of local communities that they were free to impose restrictions, including those more strict than the federal schedule, so long as the comment and analysis requirements in Section 8304(c) were met. There is no basis whatever In the law for undermining this understanding in regulation. Another grave concern arises from the requirements In the rule that the 14CFR Part 150 process and Its elements must be exclusively employed in conducting the analysis associated with new Stage 2 and Stage 3 restrictions. This requirement seems to prohibit localities from employing any types of noise or access restrictions, noise measurements, noise area de it neations, or other techniques or approaches not explicitly sanctioned by the current Part 150 process. NOISE objects most strenuously to what appears to be an effort to use the Part 150 process to prevent localities from devising and enacting noise restrictions tailored to local circumstances; to discourage innovation; and to further sanctify the Ldn metric, which is increasingly seen as an inadequate measure of the actuality of aviation noise experience. • While the Part 150 process provides a degree of standardization that FAA would doubtless find convenient in reviewing local regulatory schemes, this requirement flies in the face of ongoing efforts by the agency, EPA arid others to find more appropriate alternative aviation noise measures, and locks the door against technological advances that could improve the national land-use compatibility program. We strongly urge that the mandatory language in the rule be softened to only encourage use of the Part 150 process and to permit alternative approaches. 11 V • V I . 'J 1 1 V • 1 .J t llYl r U Li -3" A third area of m or oonoem relates to the proposed Iimttations on local Stage 3 restrictions. NOISE largely consists of loca gl overnment officials who believe they should have the right to regulate Stage 3 aircraft noise, consistent with local policy and the local public welfare, without undue impediment. NOISE vigorously opposed this part of Section 9309 at the time the legislation was under consideration because tt seemed designed to make Stage 3 restrictions virtually impossible to implement. The controlling assumption was that Stage 3 was the utt►mate in quiet jets and therefore did not warrant local restriction. NOISE disputes this assumption. Section 161.305 of Subpart D of the proposed rule goes even further than did the law. It makes the burden of enacting Stage 3 restrictions more onerous still, by adding complex analysis requirements beyond those already required for Stage 2 restrictions, including an environmental review, and by placing on the operator the responsibility for proving that the proposed restrictions meet the six conditions set forth in the law at Section 9304(d)(A)-(F). NOISE believes the analysis requirernents for Stage 2 and Stag. 3 restrictions should be the same; that is, an analysis of the anticipated and actual costs and benefits of the proposed restriction; a description of the attemative restrictions; and a description of the alternative measures considered that do not involve aircraft restrictions, together with a comparison of the costs and benefits of those attematives to the costs and benefits of the proposed restriction. (By the way, NOISE opposes making mandatory the additional Stage 2 analysis requirements that are 'encouraged" in the proposed rule, as set forth at Section 161.305). With regard to the six conditions at Section 9304(d)(A)-(F) of the law, NOISE feels tt is unreaconabio to require, as the rule does at Seutiori 181.317 tar SuLpnrt D, that the applicant must provide 'evidence establishing that the proposed restriction meets statutory conditions for approval.' The applicant Is hardly in a position to provide conclusive evidence that the proposed restriction Is reasonable, nonarbitrary, and nondiscriminatory; that it does not create an undue burden on interstate or foreign commerce; that it is not inconsistent with maintaining the safe and efficient utilization of the navigable airspace; that it does not conflict with any existing federal statute or regulation; or that it does not create an undue burden on the national aviation system. The entity in possession of the facts permitting such evidence to be adduced is FAA, not the applicant. Consequently, NOISE recommends that the applicant be required to state that good-faith efforts have been made to meet the statutory conditions, and that the burden be placed on FAA to produce evidence proving or disproving the statement. This approach has the advantage of giving the responsibility for providing the proof to the entity that has access to It, instead of the other way around. With regard to the proposed rule on the phaseout of Stage 2 aircraft, our comments follow: • The proposed rule offers two phase-out options one which requires an operator to reduce the number of Stage 2 airplanes in a stepwise process through required compliance points to the absolute cutoff date of December 31, 1999. The other (Option 2) would permit operators to transfer among themselves Stage 2 operation rights within the overall ceiling set by the phaseout schedule. NOISE opposes the Option 2 transferabIlity scheme. We believe Option 1 responds best to the obvious intent of the legislation —the steady, rigorous phaseout of Stage 2 aircraft. (We must, however, reserve comment for now on the compliance schedule itself, as we have had insufficient time to study it. An early, general reaction based on a quick review suggests that the schedule watts too long 0 before achieving significant reductions.) Besides, any program ppeermitting transfer of rights would impose a heavy administrative cost on FM for oversight and administration -especially since different monitoring systems would be required for foreign operators whose Qperatious are being phased out - and for operators In the U.S., where aide, not operations, are affected. FAA's own discussion of this proposal in the preamble shows the agency recognizes Option 2 would be a nightmare to administer - and it would. With regard to the non-addition rule, NOISE has previously made known its concern that there be no "grace period" permitting any commercial use of imported Stage 2 aircraft pending their modification to Stage 3 under the exemption in the law at Section 9309(b). We assume Section 91.805(c) of the proposed rule addresses this concern and enables operation of such Stage 2 equipment solely for the purpose of obtainin modifications. Existing regulations governing hushkitting of Boeing 707's and DC-8's should be cited, or other standards specified, to establish the parameters of such permitted use. Section 91.809 of the proposed rule deals with waivers from the mandatory Stage 2 phase-out as permitted by Section 9308(b) of the law. The FM says It 'does not currently foresee granting a large number of waivers under this provision" and proposes no specific criteria for the issuance of waivers. When Stage 1 restrictions went into effect, considerable numbers of waiver requests were submitted and many were granted. There is no reason to believe the same thing will not happen again, and FAA would do well to be prepared with a set of uniform criteria. While NOISE Is gratified to learn that FAA does not foresee granting large numbers of waivers, we urge that criteria nevertheless be developed so that an equitable and orderly review process will be possible. We also propose that when waivers are granted, the annual compliance reports of the operators receiving the waivers be printed In the FederajRegister. We recommend that the annual compliance reports filed under the Stage 2 phase-out program be published in the Federal Register as well. This concludes our remarks. I request that NOISE be permitted to submit additional written testimony for the record within the comment period. Thank you for the opportunity to speak. Agenda Information Memo April 2, 1991 City Council Meeting CITY PUBLIC AUCTION/JUNE 1, 1991 G. Set Public Auction Date for June 1, 1991, at 3840 Pilot Knob Road (Orr House Site) 10:00 A.M.--The City annually holds a public auction to dispose of surplus and unclaimed property. For purposes of planning and notice, staff is requesting that the Council officially set the public auction date as noted. ACTION TO BE CONSIDERED ON THIS ITEM: To set the City public auction date for June 1, 1991 at 10:00 a.m. at 3840 Pilot Knob Road (Orr House site) CITY CODE AMENDMENT/TARGETED RECYCLABLES H. Ratify Ordinance Amendment, Chapter 6, Redefining Targeted Recyclables--Beginning March 1, 1991, Dakota County mandated that corrugated cardboard and plastic bottles with a neck be added to municipal recycling programs in the County. Consistent with that mandate, the City expanded its definition of targeted recyclables by resolution to include those materials. At this time, it is appropriate to amend the City Code to incorporate corrugated cardboard and plastic bottles with a neck in City Code, Chapter 6. A copy of the ordinance amendment is enclosed on pages)/ for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To ratify ordinance amendment, Chapter 6, redefining targeted recyclables to include corrugated cardboard and plastic bottles with a neck as presented. ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 6 ENTITLED "OTHER BUSINESS REGULATIONS AND LICENSING" BY AMENDING SECTION 6. 37 , SUBD. 1 (D) , REGARDING GARBAGE, REFUSE AND RECYCLING HAULERS - REDEFINING "TARGETED RECYCLABLES" ; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99 . The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 6 is hereby amended by changing Section 6. 37 , subd. 1 (D) , to read as follows: Subd. 1. Definitions. The following terms, as used in this section, shall have the meaning stated: D. "Targeted Recyclables" means metal beverage containers, glass, newsprint, metal food cans, corrugated cardboard, plastic bottles with a neck, or other materials as may be defined by Council resolution. Section 2 . Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 6. 99 , entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3 . Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: a Agenda Information Memo April 2, 1991 City Council Meeting CITY CODE AMENDMENT/ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION I. Ratify Ordinance Amendment, Chapter 2, Name Change for the Advisory Parks, Recreation, and Natural Resources Commission—At its February 19, 1991 meeting, the City Council acted to change the name of the Advisory Parks and Recreation Commission to the Advisory Parks, Recreation and Natural Resources Commission. Because this commission of the City is named within City Code, this action requires a code amendment. Enclosed on page ) you will find a copy of an amendment for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To ratify the ordinance amendment for Chapter 2, for a name change for the Advisory Parks, Recreation and Natural Resources Commission as presented. as ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 2 ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY AMENDING SECTION 2 . 52 REGARDING ADVISORY PARK AND RECREATION COMMISSION; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 2 . 99 . The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 2 is hereby amended by changing Section 2 . 52 and subdivision 1, to read as follows: SEC. 2 . 52 . ADVISORY PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION. Subd. 1 . Establishment. An Advisory Parks, Recreation and Natural Resources Commission is hereby established. The Director of Parks and Recreation, by reason of his position shall be an ex-officio member. Section 2 . Eagan City Code Chapter 1 entitled "General Provisions and g Y P Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 2 . 99 , entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3 . Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J . VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: a Agenda Information Memo April 2, 1991 City Council Meeting SETTLEMENT AGREEMENT/BBD INVESTMENTS J. Authorize Settlement Agreement with BBD Investments on Escrow Account--The City has recently received an application for a conditional use permit for a new business to be located in the Fox Ridge Shoppe development at Yankee Doodle and Coachman. Since there is a negative escrow g o balance on the original development, the applicant was informed that the application could not be accepted until the outstanding obligation was cleared. The developer had made deposits of $1,763 and incurred charges of $5,000.30 leaving a deficit of $3,237.30. The total charges consisted of staff time ($1,500.29), consultant engineering ($3,018.51), legal ($219.00) and other ($262.50). Finance Director VanOverbeke has had a number of discussions with Mr. Dave Phillips of BBD Investments concerning this outstanding bill and has reached an agreement to collect $2,350 of the $3,237.30, subject to City Council approval. That would mean that the City would be recovering all out of pocket costs and $612.79 of the staff time while writing off collection of$887.50 of staff time costs. Given the circumstances, staff is recommending that the Council approve this settlement agreement as proposed. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the settlement agreement between the City of Eagan and BBD Investments. a Agenda Information Memo April 2, 1991 City Council Meeting PURCHASE/LARGE CAPACITY MOWER K. Accept Bid and Authorize Purchase of Large Capacity Mower—The City Council previously authorized the Parks and Recreation Department to specify and bid a new high capacity mower under an appropriation in the 1991 equipment certificate list. The specifications were prepared and bids received and opened on Friday, March 22 at 10:00 a.m. Two bids were received from MTI Distributing and Tri State Equipment. Both bids related to a Toro 580-D unit. A copy of the bid tabulation is enclosed on page a G for your review. The-Parks and Recreation Department staff is recommending acceptance of the low bid at a base price of $48,624 plus options A and B, a road light kit and rollover protection system for a total cost of $50,220. This is comparable to the $50,000 appropriation for this item in the capital budget. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the bid and authorize purchase of a Toro 580-D with road light kit and rollover protection system in the amount of $50,220 as presented. ) BID TABULATION HIGH CAPACITY ROTARY MOWER CITY OF EAGAN Opening Date: Friday - March 22, 1991 Time: 10: 00 A.M. MTI TRI-STATE* BID ITEM DISTRIBUTING, INC. EQUIPMENT Equipment Bid Toro 580-D Toro 580-D Base Price $48 , 624 . 00 $51, 055. 00 Options: A. Road Light Kit $ 800. 00 $ 825. 00 B. R.O.P.S. $ 796. 00 $ 828 . 00 C. Cab For Mower $ 4 , 685. 00 $ 4 , 919. 00 D. Rotary Broom $ 4 ,992 . 00 $ 5, 141. 00 E. Snowblower $ 6,220. 00 $ 6,468 . 00 F. Hydraulic Conversion $ 700. 00 $ 735. 00 G. Warranty Extension $ 1, 650. 00 $ 1, 716. 00 Bid Security Accepted Missing Certificate of Acknowledgement Accepted Not Complete Affirmative Action Statement Accepted Not Complete Support Literature Accepted Accepted *Bid received after bid deadline PAGE 1 of 1 a ( Agenda Information Memo April 2, 1991 City Council Meeting RECEIVE BIDS/AWARD CONTRACT (POND JP-67 & EFFRESS ADD.) L. Contract 90-13, Receive Bids/Award Contract (Pond JP-67 Water Quality Pond & Effress Addition Storm Sewer)--At 10:00 a.m. on Fri., March 29, 1991, formal bids were received to consider the construction of the above-referenced improvements. Enclosed on page * is a tabulation of the bids received with a comparison of the low bid for each project as compared to the estimate contained in the feasibility report presented at the public hearing held on July 17, 1990 and January 16, 1990 respectively. All bids will be reviewed for accuracy in their extension and addition and any deviations will be addressed at the Council meeting on April 2nd. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 90-13 (Pond JP-67 and Effress Addition Storm Sewer), award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. Information will be provided as a part of the Administrative Agenda information. a7 Agenda Information Memo April 2, 1991 City Council Meeting RECEIVE FEASIBILITY REPORT/ORDER PUBLIC HEARING (OAKS OF BRIDGEWATER 2ND ADD. M. Project 610, Receive Feasibility Report/Order Public Hearing (Oaks of Bridgewater 2nd Addition - Streets and Utilities--In response to a petition submitted by the developer of this subdivision, the Council authorized the preparation of a feasibility report regarding the installation of streets and utilities to service this residential development located on the south side of Wescott Road on the Chuck Hall property. This feasibility report has now been completed and is being presented to the City Council for their consideration of scheduling a formal public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 610 (Oaks of Bridgewater 2nd Addition-Streets and Utilities) and schedule a public hearing to be held on May 7, 1991. RECEIVE FEASIBILITY REPORT/ ORDER PUBLIC HEARING (ELRENE RD. & TRAILS END ROAD N. Project 589R, Receive Feasibility Report/ Order Public Hearing (Elrene Road and Trails End Road-Utilities and Street Reconstruction)--On June 6 and July 17, 1990, public hearing were held to discuss the installation of utilities and reconstruction of portions of Trails End Road and Elrene Road. As a result of those public hearings, the Council approved the project, plans and specifications and authorized the City to proceed with formal bid solicitations. In November of 1990,formal bids were received for these proposed improvements. Due to the fact that the bids received exceeded the estimate contained in the feasibility report by more than 10%, the bids were rejected and the contract canceled with consideration being given for readvertising during the spring of 1991. Subsequent to that action, the final plat for The Woodlands North Addition and Wescott Square Addition were approved which required some of the utilities that were to be installed under Project 589. Subsequently, these developments elected to install a portion of these improvements privately as necessary to service their developments rather than being delayed into 1991 for final plat approval. As a result, the scope of the original project has changed. Subsequently, it was appropriate to revise the original feasibility report to reflect this change in scope and to allow the City an opportunity to revise the quantities and estimated unit prices before resoliciting new bids. On March 5th, the Council authorized staff to revise the feasibility report. This report has now been completed and is being presented to the Council for their consideration of scheduling a new public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the revised feasibility report for Project 589 "R" (Elrene Road and Trails End Road-Utilities and Street Reconstruction) and schedule a public hearing to be held on May 7, 1991. C72 Agenda Information Memo April 2, 1991 City Council Meeting RECEIVE FINAL ASSESSMENT ROLL/ ORDER PUBLIC HEARING (CEDARVALE BLVD.) O. Project 546, Receive Final Assessment Roll/Order Public Hearing (Cedarvale Boulevard-Overlay)--The structural overlay and restriping of Cedarvale Boulevard from Nicols Road to Silver Bell Road has been completed, the cost tabulated and the final assessment roll prepared. This roll is being presented to the City Council for their consideration of scheduling a public hearing to formally present the final costs associated with this project. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 546 (Cedarvale Boulevard-Overlay)and schedule the final assessment public hearing to be held on May 7, 1991. APPROVE CHANGE ORDER (CLIFF RD. WATER TREATMENT FACILITYI P. Contract 89-13, Approve Change Order #8 (Cliff Road Water Treatment Facility)-- As the construction of the Cliff Road Water Treatment Facility progresses, some minor changes and revisions have been identified that should be incorporated into the contract. Subsequently, Change Order #8 has been approved consisting of the following parts: Part One: The contractor shall substitute Schedule 80 PVC piping in lieu of the specified galvanized steel pipe for the 11/4" pre-chlorination water supply line. (No change to contract amount) Part Two: Under the original plans, the control console had an integrated graphics panel interrelating the City's distribution system to the control plant. After further evaluation, it was determined that to separate the graphics panel and convert it to a wall mount fixture, the control console could be reduced in size. (Deduct $3,750) C2/ Agenda Information Memo April 2, 1991 City Council Meeting Part Three: The Lexington Standard Corporation of Eagan has agreed to donate the flagpole to the City of Eagan for this new treatment plant facility. Subsequently, this item can be deleted from the contract. (Deduct $1,000) Part Four: In order to interconnect the treatment plant with the Cliff Road Reservoir, an altitude valve is to be installed between these two facilities. After receiving delivery of this valve, it was determined that the manhole that it should be installed in should be increased in size to provide additional room for operation and maintenance of this critical valve in the system. Subsequently, the original 6' diameter manhole should be increased to an 8' diameter. (Add $3,299) Part Five: As the excavation of the site progressed, additional buried debris was discovered which included trees, stumps and a second septic tank from the previously existing house that was not originally anticipated. Subsequently, the contractor will incur additional costs for the removal and proper disposal of these items. (Add $6,113) All costs associated with portions of this Change Order have been reviewed in detail and final price negotiated with the contractor that is believed to be fair and equitable to all parties concerned. Subsequently, this Change Order is being presented to the City Council for their favorable action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #8 to Contract 89-13 (Cliff Road Water Treatment Facility) for a net increase of $4,662 and authorize the Mayor and City Clerk to execute all related documents. V Agenda Information Memo April 2, 1991 City Council Meeting PROJ. 564, CANCEL PROJECT (RAHNCLIFF 2ND ADD.) Q. Project 564, Cancel Project (Rahncliff 2nd Addition-Street Improvements)--On July 5, July 18 and August 15, 1989, public hearings were held to discuss the proposed street improvements associated with the intersection of Rahncliff Road just south of Cliff Road as necessary to handle the traffic generated with the platting of the Rahncliff 2nd Addition. As a result of those public hearings, the Council approved the project and authorized staff to proceed with the preparation of detailed plans and specifications and acquisition of easements as necessary. Enclosed on page 2 is a copy of the petition signed by Mr. Ray • Williams, developer of the Rahncliff 2nd Addition requesting that these improvements be done under City Contract. The Rahncliff 2nd Addition was proposed to receive approximately 53% of the assessable costs associated with these roadway improvements. While the detailed plans and specifications were completed, the project could not proceed with contract award until the appropriate right-of-way acquisition could be acquired from the service station located in the southeast corner of the intersection of Cliff Road and Rahncliff Road. As of this date, the City Attorney's office has not been successful in acquiring these easements. Subsequently, it has been over 18 months since the Council originally approved the project. The City Attorney's office has informed the Public Works Department that if contracts cannot be awarded within 12 months of the project approval by Council action, the project should be canceled or a new public hearing held. With the proposed upgrading of Cliff Road under Project 609, these street improvements could be incorporated into that County project along with the necessary right-of-way acquisition. Therefore, it would be appropriate for the City Council to consider canceling this project and provide direction to the staff as to whether the costs associated with Project 564 incurred to date should be rolled into Project 609 or whether the developer should be required to reimburse the City for the costs incurred to date associated with Project 564. ACTION TO BE CONSIDERED ON THIS ITEM: To cancel Project 564 (Rahncliff 2nd Addition-Street Improvements) and to direct staff to transfer all costs incurred to date to Project 609 (Cliff Road Improvement) or request reimbursement from the developer of the Rahncliff 2nd Addition. 31 FOR CITY USE ONLY Petition # _ Date Received — — Presented to Co ncil o_i k-7 PETITION LOCATION/SUBDIVISION RAHNCLIFF 2ND ADDITION I/We, the undersigned, owners of the real property adjacent to Rahn Road (Street) or within Rahncliff 2nd Addition Subdivision, hereby petition for: Street improvements X Sanitary Sewer Water Supply (Check requested items) Storm Sewer Street Lights Other (Explain) I/We understand that this petition does not in itself request the installation of these improvements, but rather, request the preparation of a feasibility report in which the estimated costs of these improvements will be tabulated. I/We understand that upon receipt of this petition and the preparation of the requested feasibility report, a public hearing will be held at which time we may voice our support or opposition based on the costs as prepared in said feasibility report. If the requested improvements are denied for construction at the time of public hearing, . I/we hereby guarantee payment for all costs incurred in the preparation of this feasibility report. Signature of Land Owner Address of Property 1. 2. I/We hereby waive our rights to the public hearing and request that detail plans and specifications be prepared simultaneously and also guarantee their respetivel costs if the project is not awarded. Si . atur gn e) (Signature) Agenda Information Memo April 2, 1991, City Council Meeting REAPPOINTMENT OF ALTERNATE REPRESENTATIVE GUN CLUB LAKE WATERSHED MGMT ORGANIZATION R. Consider Reappointment of Alternate Representative To the Gun Club Lake Watershed Management Organization--Presently, the Board of Managers for the Gun Club Lake WMO is comprised of five individuals - one from Mendota Heights, one from Inver Grove Heights and three representatives from the City of Eagan. In addition to the City's three representatives, the City Council has formally designated an Alternate to ensure full representation on this watershed organization. Presently, the Board of Managers representing the City of Eagan and the Alternate are as follows: • Tom Colbert, Director of Public Works/Chairman • John VonDeLinde, Parks Maintenance Superintendent/Secretary • LuAnn Alderks, Citizen Representative • Mike Foertsch, Assistant City Engineer The State Legislature, along with State and Regional agencies, are looking to the WMO's to be the agency responsible for implementing and/or enforcing surface and ground water quality mandates. Recently, Dakota County has created a task force to prepare and create a County-wide groundwater management/protection plan and program. It is anticipated that the WMO will be interacting very closely with the County on this program. The City of Eagan comprises approximately 89% of the land area within the Gun Club WMO. That is part of the reason why the City of Eagan has a three-fifth's majority representation on the Board of Managers. Due to the impending WMO's involvement in the surface and groundwater quality management issues, City staff is recommending that the Council give consideration to appointing Rich Brasch, Water Resource Coordinator, as a designated Alternate to this organization. This would allow this individual to represent both the City and the WMO's interest in any contact with other governmental agencies. This recommendation is supported by the Assistant City Engineer who recognizes the additional benefit to the City of having the Water Resource Coordinator be actively involved in this organization due to the heavy emphasis on surface and ground water resource management. ACTION TO BE CONSIDERED ON THIS ITEM: To replace the Assistant City Engineer with the Water Resource Coordinator as the City of Eagan's officially designated Alternate to the Gun Club Lake Watershed Management Organization. 33 Agenda Information Memo April 2, 1991 City Council Meeting RECEIVE BIDS/AWARD SEASONAL RENTAL AGREEMENT S. Receive Bids/Award Seasonal Rental Agreement, City-Owned Agricultural Property, Diffley Road and Lexington Avenue--Authorization was given in 1989 for the City to rent the Lexington/Diffley site for the purposes of growing and harvesting agricultural crops. An advertisement for sealed bids was published in the legal newspaper with a bid opening for April 1, 1991. A copy of the bid tab will be included with the Additional Information packet on Monday. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for the rental of City property located at Lexington and Diffley and award the rental to the highest bidder. Agenda Information Memo April 2, 1991, City Council Meeting SLI+C 4gINGS1 VACATION/LOT 27, BL 3, EAGANDALE CTR INDUSTRIAL PARK #4 A. Vacate Utility Easement, Lot 27,Block 3,Eagandale Center Industrial Park#4--On March 5, the Council received a etition requesting the vacation of the utility easement as described and shown on page G which was dedicated with the original plat of this property. However, it did not properly incorporate the location of the storm sewer facilities that were installed with this development. As a condition of processing this request to vacate this utility easement, the staff has received a replacement easement properly located over the existing storm sewer facility. With this replacement easement being conveyed to the City, City staff has no objections to favorable action to this petition request. All notices have been published in the legal newspaper and sent to all potentially affected property owners informing them of this public hearing. As of this date, staff has not received any objections to this request. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and vacate the utility easement as described over Lot 27, Block 3, Eagandale Center Industrial Park #4 and authorize the Mayor and City Clerk to execute all related documents. cy Wir )1%;V QO, CP ---. NW N- `t NW NOR N- ES RAID l04 4k' I PA-- • AY �, 1 4 ,p O 4� ,Air ST. Pa;;:. G 4-ee, q 33 i 4- t R • .: 4 Qw Sr, . MI i 'E e13 ,�.,c" >.� SW PARK SE IO (O SW v� 4i , -, -S N�c - ; - 6 X FIE A Q V� ST 4c . '�,L .: . 0 ..4;:* . ki 14 - _ LONE OAK ROAD Qy rq TA, A . \._._. es 1 _ . (Co. Rd. 25) � � "� a 0 ` a$ , ) ' CLUBYIE W �. '. Ailib.. Ir et--:-_./s1..ik NE a ! �� l`► NW o \ IT if A.. \l ` o CT. /) �i �\` R o j p > (i a GEMINI a ` g Qc�} ill Dr, � a. . - M• $ PARK ---- EASEMENT TO BE VACATED --- ` ' — 41111N '-. ` - p lrl : - 7- -1. . 5512 ' 0 i ALDRIN DR O i 4,....., 1- TAMARACP�0E- 0 r 2- BIRCH PT. J Z i SW SE SW 4 FOREST RIDGE J I ■ Y 00- 5- IRONWOOD LN. I \it C DCNI.Irrvs DT _ T PM DC. - _.._ _ .— YANK E DOODLE ROAD ( Co. Rd oNo. 28 ) ). LOTTso 1 NTRE v� J KOST ¢ ROAD Q ci O'LEARY PARK i CARRIAGE E Z i NW HILLS GOLF ---CEDAR ----- NW �A STREET •�r BLUE S° COURSE cn . .. ., TRAIL itigz;. 41, \ 1 ‘ ) I '" I . - Vt.- CZ- lie I JAY VA Cr ` f d• _ AWi• I, CCU <4. .%V C? • !e�. .�., OR 2.-✓✓NING���� AL +a W 47-, ';., ' 9 _ A—q- G O SE 1 C ' IW mi 1. •• S, ,,E ILLf _� — ?Q W i WAY LA. CI • 1N° E !� CT E. 4 M Q Cp k`' � .r.. vZ Sq. S• • NMlARK J k v .. �� �/ v G� MAR • IL E. 1...1 ,ink a .,so ii. �/ I _ BRENT►y RD. 5= 0 i:a c _ _tri,____mi �0 4 r -,-5. 0.___rrs 1 . 2"W W v Mu e m;c. Agenda Information Memo April 2, 1991, City Council Meeting FINAL ASSESSMENT HEARING (COVENTRY PASS ADDITION) B. Project 566, Final Assessment Hearing (Coventry Pass Addition Trunk Storm & Sanitary Sewer)--On March 5, the City Council received the final assessment roll for the above-referenced project and scheduled the public hearing to be held on April 2. Enclosed on page 3g is a summary tabulation of the final assessment rates as compared to those estimated in the feasibility report presented at the public hearing held on July 5, 1989. All notices have been sent to all affected property owners informing them of this public hearing. As of this date, staff has not received any objections to this proposed final assessment. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 566 (Coventry Pass Addition - Trunk Storm & Sanitary Sewer) and authorize its certification to Dakota County. 37 FINAL ASSESSMENT HEARING PROJECT NUMBER.: 566 ASSESSMENT HEARING DATE: APRIL 2, 1991 SUBDIVISION/AREA: Coventry Pass PUBLIC BEARING DATE: July 5. 1989 IMPROVEMENTS INSTALLED AND/OR ASSESSED: P.R. ■ Feasibility Report FINAL F.R. - FINAL F.R. SANITARY SEVER RATES RATES NORM SEWER RATES RATES © Trunk 51365/Ac. $1365/Ac. ® Trunk .056/sf .056/sf [' Laterals ❑ Laterals • ❑ Service ❑ Lat. - Benefit/ Trunk Slat. Benefit/ Trunk N/A 34.91/LF WATER STREETS ❑Trunk ❑ Gravel Base ❑Laterals • 0 Surfacing ❑ Service ❑ Res. Equiv. ❑La t. Benefit/ ❑ Multi Equiv. Trunk ❑ C/I Equiv. ❑WAC ❑ Trail SERVICES STREET LIGHTS ❑ Water & San. Sewer ❑ Installation ❑ Energy Charge CONTRACT # OF INTEREST AMOUNT CITY P0. 7ARCELS TERMS RATE ASSESSED FINANCED $245,921.00 F.R. -0- F.R. 89-16 3 Yrs. 8 S $1n7,779_n1 $4,LLnLL 11 COMMENTS: 38 Agenda Information Memo April 2, 1991 City Council Meeting OLD BUSINESS RESOLUTION/DAKOTA COUNTY SOLID WASTE MANAGEMENT STRATEGY A. Resolution, Dakota County Solid Waste Management Strategy--At its regular meetings of March 5 and March 19, 1991, the City Council considered several drafts of a resolution with respect to Dakota County solid waste management strategy and, in particular, the relationship between Dakota County's chosen processing technology (incineration) and its alternatives. At those meetings, an alternative resolution prepared by representatives of Dakota County Citizens�gainst Burning was reviewed by the Council as well. Enclosed on pages '4i through 4 I is the resolution prepared by staff at the direction of the City Council in this regard incorppr ting concerns raised by the DCCAB group. Also enclosed on pages 4k 1 through ' 1 is an alternative resolution prepared by Terry Davis of DCCAB, modifying certain elements of the staffs draft. The City Council has set a special meeting for 4:00 p.m. on Tuesday, April 2, 1991 to meet jointly with Dakota County to discuss the County's solid waste management strategy and incinerator issue. Background information in this regard has been distributed as part of a supplementary packet relative to that meeting. In particular, the background information included an overview of the County strategy, background information on the effects of incineration on the environment and recycling, the Dakota County Solid Waste Generation and Characterization Study describing the composition of waste, a comparison of options for pre-sorting or centralized separation of municipal solid waste and background information on the County's recycling and yardwaste composting activities. The work session is open to the public, but the Council has directed that debate relative to the merits of the resolution be reserved for this item on the Council meeting. On behalf of DCCAB, Terry a 's forwarded todhe City Council and the City copies of two items. Enclosed on pages through , you will find an alternative solid waste management plan for Dakota n prepared by Michael Orange of DCCAB. Also enclosed on pages `through is an article entitled "Incineration Myths-What the Experts Say." Previous background information relative to the incinerator moratorium issue has been distributed to the Council in past packets. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a resolution concerning the Dakota County solid waste management strategy and the proposed Dakota County resource recovery facility. 3C21 CITY OF EAGAN RESOLUTION CONCERNING PROPOSED DAKOTA COUNTY RESOURCE RECOVERY FACILITY WHEREAS, Dakota County is responsible under Minnesota Statute to develop a comprehensive solid waste management strategy, and WHEREAS, such strategies are required by statute to include, waste reduction, reuse, recycling, yard waste management and waste processing components, and WHEREAS, Dakota County has adopted a solid waste management strategy consisting of waste reduction, reuse, recycling, yard waste composting, and waste processing components; and WHEREAS, Dakota County has expressed an intention to undertake the construction of a resource recovery (mass-burn) facility to meet the statutory requirement for waste processing, and WHEREAS, the combustion of waste raises obvious issues of environmental concern with potential ramifications for the health, safety and welfare of Dakota County residents including citizens of Eagan, WHEREAS, the Governor of the State of Minnesota has indicated that he will support and pursue legislation that would accomplish a moratorium and prohibit new solid waste incinerators, with the exception that the Governor of the State of Minnesota, in recognition of the public health concerns associated with the proper disposal of infectious medical waste, believes Minnesota must consider incineration, along with other technologies, as a disposal option for this waste stream only, NOW, THEREFORE, BE IT RESOLVED, that the City of Eagan supports the Governor's initiative with respect to a moratorium and prohibition of new solid waste incinerators through sound legislation or other administrative means, and BE IT FURTHER RESOLVED that the City of Eagan strongly urges that, if prudent and feasible alternatives are available, they be strongly considered before construction of a resource recovery facility and that the Dakota County Board of Commissioners maximize the use of more environmentally sound alternatives, including education, promotion of waste reduction, reuse, recycling, composting of all organic materials and the reduction and safe disposal of hazardous wastes, both residential and commercial, and BE IT FURTHER RESOLVED that the City of Eagan reiterates its position that any strategy implemented by Dakota County be designed to permit incorporation of a centralized separation component to complement reduction and source-separation recycling strategies and to maximize the removal of recyclables and hazardous wastes from the waste stream thereby mitigating the potential for incomplete incineration of hazardous materials, and 4•0 BE IT FURTHER RESOLVED that the City of Eagan encourages Dakota County to study and carefully consider the costs and benefits of mandatory recycling of all potentially recyclable materials, if such mandate will increase program participation, increase recyclable recovery rates and reduce the volume of municipal solid waste generated within the County, and BE IT FURTHER RESOLVED that, if Dakota County implements mass-burn as its waste processing technology, the City of Eagan strongly urges the use of the safest and most state of the art technology to minimize environmental impacts including procedures for constant monitoring of the operations to detect and mitigate impacts of any malfunctions, and BE IT FURTHER RESOLVED that, if environmental standards at such a facility are not met, the City of Eagan insists that procedures be in place to insure prompt and effective action to correct the situation and prevent any reoccurrence. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: March 19, 1991 CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Egan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19th day of March, 1991. E.J. VanOverbeke, City Clerk City of Eagan 41 DCCAB DRAFT CITY OF EAGAN RESOLUTION CONCERNING PROPOSED DAKOTA COUNTY RESOURCE RECOVERY FACILITY WHEREAS, Dakota County is responsible under Minnesota Statute to develop a comprehensive solid waste management strategy, and WHEREAS, such strategies are required by statute to include, waste reduction, reuse, recycling, yard waste management and waste processing components, and WHEREAS, Dakota County has adopted a solid waste management strategy consisting of waste reduction, reuse, recycling, yard waste composting, and waste processing components; and WHEREAS, Dakota County has _xr=____d ___ _nt_nt____ applied to the MPCA for a permit to undertake the construction of a resource recovery (mass-burn incinerator) facility to meet the tatutory requirement for waste processing, and WHEREAS, the combustion of waste raises obvious issues of financing and environmental concern with potential ramifications for the health, safety and welfare of Dakota County residents including citizens of Eagan, WHEREAS, the Governor of the State of Minnesota has indicated that he will support and pursue legislation that would accomplish a moratorium and prohibit new solid waste incinerators, with the exception that the Governor of the State of Minnesota, in recognition of the public health concerns associated with the proper disposal of infectious medical waste, believes Minnesota must consider incineration, along with other technologies, as a disposal option for this waste stream only, NOW, THEREFORE, BE IT RESOLVED, that the City of Eagan supports the Governor's initiative with respect to a moratorium and prohibition of new solid waste incinerators through sound legislation or other administrative means, and BE IT FURTHER RESOLVED that the City of Eagan strongly urges that,if prudent and feasible alternatives arc available; thcy be strongly considcrcd be implemented before construction of a resource rccovcry any incinerator facility and that the Dakota County Board of Commissioners maximize the use of more environmentally sound alternatives, including education, promotion of waste reduction, reuse, recycling, composting of all organic materials and the reduction and safe disposal of hazardous wastes, both residential and commercial, and BE IT FURTHER RESOLVED that the City of Eagan reiterates its position that any strategy implemented by Dakota County be designed to permit incorporation of a centralized separation component to complement reduction and source-separation recycling 4 a.. strategies and to maximize the removal of recyclables and hazardous wastes from the waste stream thereby mitigating the potential for incomplete incineration of hazardous materials, and BE IT FURTHER RESOLVED that thc City of Eagan cncouragca Dakota County to Study and carefully con3idcr the coats and bencfit3 of mandatory recycling of all potentially recyclable matcrialc, if such mandate will incrcaac program participation, municipal Solid wa3tc generated within thc County, and BE IT FURTHER RESOLVED that, if Dakota County implements mass-burn as its waste processing technology, the City of Eagan strongly urges the use of the safest and most state of the art technology to minimize environmental impacts including procedures for constant monitoring of the operations to detect and mitigate impacts of any malfunctions, and BE IT FURTHER RESOLVED that, if environmental standards at such a facility are not met, the City of Eagan insists that procedures be in place to insure prompt and effective action to correct the situation and prevent any reoccurrence. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: March 19, 1991 CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Egan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19th day of March, 1991. E.J. VanOverbeke, City Clerk City of Eagan 3 DAKOTA COUNTY CITIZENS AGAINST BURNING "Dedicated to a Better Environment" • SOLID WASTE MANAGEMENT PLAN FOR DAKOTA COUNTY Prepared by Michael Orange for Dakota County Citizens Against Burning January 14, 1991 1 . Introduction The issue of how a community should handle its solid waste has quickly become one of the most hotly contested issues of the day . Few will argue that the environmental conseences of garbage disposal pose an immediate threat to human health or to the environment as say a major oil spill or war in the Middle East or even emissions from major industrial facilities such as the Fine Bend refinery. However, waste management captures the attention of so many people because it is an environmental issue which each of us are able to affect on a daily basis . Unlike the other environmental threats listed above , we can do something about what we purchase , reuse , recycle and throw away. This is what this plan is about . The Dakota County Citizens Against the Burner (DCCAB) was organized 3 years ago by residents who felt the obligation to do something about the way their County Commissioners were planning to deal with the County ' s waste . Members have been working hard since that time to convince the County Commissioners that their plan to burn the County ' s waste in a massive 800 ton per day (tpd ) mass burn garbage incinerator was folly . DCCAB has argued instead for a program of non-burn alternatives to landfilling the garbage . The alternatives include waste reduction , reuse , recycling and composting. This plan is organized into two main parts . The first provides a brief overview of issue and the second details how a non-burn alternative program would work to handle the County ' s waste . Attached to the plan is a listing of other DCCAB publications which provide additional detail on these matters . All of these reports are available upon request (phone numbers are at the end of the report) . This plan updates the original DCCAB plan for the County (August 1988 ) . Printed on paper with recycled 4 o tent Ili DCCAB SOLID WASTE PLAN FOR DAKOTA COUNTY 2 2. Background on the Issue of Garbage Incineration and Non-Burn Alternates to Landfilling DCCAB ' s position can be stated very succinctly: Incineration is risky and completely unnecessary. Non-burn alternatives (NBA) -- waste reduction, reuse, recycling and composting -- are much safer far more effective at abating the need for landfills , and cheaper . NBA programs are available and are perfectly in sync with the rising tide of environmental concern. This section will briefly cover three major points : 1 ) Incineration damages the environment -- while NBAs actually benefit the environment. 2 ) Incineration does not abate the need for landfills -- NBAs do. 3 ) Incineration is the most expensive method of dealing with our waste . 2. 1 . Incineration Damages the Environment and Threatens Human Health Incinerators pollute the air we breathe , the water we drink, and the food we eat . We now know of over 200 pollutants emitted from incinerators -- and the list keeps growing. The main groups of pollutants include the following: 1 ) Toxic metals ; namely, lead , cadmium, zinc , chromium, mercury and arsenic. These metals are in the trash because the community has not separated them out for recycling or for appropriate treatment as a hazardous or problem material . 2 ) The second group of emissions includes the acid gasses , greenhouse gasses , and the gasses which destroy the earth 's protective layer of ozone . 3 ) Finally, the most infamous emissions are the dioxins . Dioxins are considered the most toxic substance ever created . They are actually created by the incineration process . Incinerator promoters dismiss these concerns by saying that the amounts of these pollutants that are emitted are so small as to pose what is known as "acceptable risk" to the environment and people . However, there is tremendous disagreement within the scientific community over the interpretation of the data as to what actually is "acceptable" . General Indictments of Burning After completing a comprehensive , two-year study of waste disposal methods , the Toxic Substances Control Commission came to a very gs DCCAB SOLID WASTE PLAN FOR DAKOTA COUNTY 3 different conclusion . The Commission , comprised of 11 doctors , is an agency of the State of Michigan charged with helping to establish State policy on matters of public health and the environment . The TSCC concluded "that a waste management strategy that relies principally on incineration is inherently inefficient , is inflexible and expensive and perpetuates rather than eliminates the need for large-scale landfilling . " The Commission ' s report concludes by stating: "Considering the significant undesirable and unknown factors associated with incineration, many communities may in fact , be trading one set of problems for another of equal or greater magnitude . " Rather than incinerate , TSCC recommends that "waste reduction , recycling y ng and other waste minimization programs receive priority attention. " Source : "Toxic Substances Control Commission, Policy Recommendation on Waste Incineration and Alternatives" ; Toxic Substances Control Commission of the State of Michigan; p. 6; September 17 p 1987 . The American Public Health Association has come to the same conclusion. The APHA is the oldest and largest public health association in the world with over 50 , 000 members . In a policy statement adopted last October , the Association states : " . . .many public officials are embracing garbage incineration as a solution without recognizing that incineration is a poor alternative to landfilling as a waste management option and therefore has significant consequences in terms of environmental pollution and public health. " Source : "Waste Not" ; edited by Dr . Paul and Ellen Connett; Canton, N.Y. , Vol . *77; 11/9/89 . Garbage incineration sparks very heated discussions in Europe where communities have relied more heavily and longer on incinerators . During the September 19 , 1990 conference of the Munich Medical Association , 70 delegates representing 12 , 000 medical doctors unanimously agreed on a resolution which condemned incineration due to its threats to the environment and human health . The following are excerpts from that resolution: "Landfilling and incineration can threaten human health. Both management methods cause the generation of toxic compounds which cannot be controlled and are commonly of unknown composition , quantity and toxicity. Those compounds can never completely be eliminated ; they inevitably end up in the groundwater and air and finally reach the human body through many different pathways (drinking water , air , food chains ) . A comprehensive toxicolccical evaluation [human health risk assessment ] of the potential emissions is not currently possible . . . . "The process of incineration generates a multitude of new DCCAB SCLID WASTE PLAN FOR DAKOTA COUNTY 4 compounds . Only a few of them are understnod with regard to their composition and toxicological properties . The waste stream with its current composition generates during the incineration process the highly toxic dioxin and furan compounds , which cannot be prevented . A total containment of these toxins is impossible . . . . "Material remains after the incineration process. This includes fly ash and bottom ash which has to be landfilled . The final disposal of these substances requires one third of the landfill space that would have been needed for the disposal of the unburned garbage . In addition , incineration residues , in gaseous form and as fine dust , are distributed over long distances throughout the landscape. Instead of containing and monitoring hazardous compounds , garbage incineration uses the concept of infinite dilution to handle dangerous byproducts . Our living space is not limitless . The use of the atmosphere as a dumping ground will eventually lead to an accumulation of contaminants in the soil , vegetation and animals . Human beings , at the top of the food chain, belong to the group of organisms which are most susceptible to contaminants . "Our air is already heavily burdened by emissions from traffic, industry and residential burning of fossil fuels . Garbage incineration adds to the pattern of abuse of the atmosphere as a dumping ground for emissions . . . . "Incineration converts more or less benign garbage into a material with a high content of toxic compounds . Fly and bottom ash have the characteristics of hazardous waste and have to be handled with special precautions . The safeguards necessary to operate a hazardous waste landfill cancel out the questionable advantage of volume reduction achieved through incineration . . . . [ Incinerators ' ] continuous demand for fuel stimulates waste generation . Therefore , each additional incinerator is counterproductive to the efforts of source reduction . . . . "We demand a reversal of [German] policies which favor garbage incineration . Incineration should only be the last option when other waste management techniques are inadequate for ecological and medical reasons . Instead we demand a policy which emphasizes source reduction -- in the interest of the people we are supposed to take care of. . . . " Source: "Waste Not" ; edited by Dr. Paul and Ellen Connett ; Canton, N.Y. ; Vol . #125 ; 11/15/90 . Translation by Holger Eisl of the Center for the Biology of Natural Systems . DCCAB SOLID WASTE PLAN FOR DAKOTA COUNTY 5 Dioxin Concerns We are also finding documentation of how dioxin emissions from garbage incinerators contaminate our food supply. Last July, the Neatherlands government banned the sale of milk and meat products from the farms near two larce garbage burners after foodstuffs were found to be contaminated by dioxin. The dioxin issue is a very disturbing one . According to a report by Dr. Arnold Schector , Professor of Preventative Medicine at the State University of New York Medical Center, a nursing infant will receive , on average , 18 times the recommended lifetime dose of dioxins within the first ear y of life . Where does this dioxin come from? Studies from around the world conclude that garbage incineration is either the number one or among the chief sources of dioxin in the environment . . Dr. Raymond Faber sums up the issue when he states that , given the existence of alternatives , to create dioxin is "ecologically immoral Lead Concerns Scientists express similar concerns regarding the lead emissions from incinerators . Lead is a neurotcxin and it impairs the ability of children to learn . The Agency for Toxic Substances and Disease Registry (ATSDR) in 1987 stated that "Given the continuing status of general population exposure to lead in the U. S . associated with past uses and failures to remsdiate particular instances of contamination , even marginal increments in exposure are a major public health concern . " Source : "The Rush to Burn" ; reprint from Newsday and New York Newsdav; New York, NY; p. 64; January 4 , 1988 . Mercury Concerns • A recent report concludes that mercury from garbage incinerators is contaminating thousands of lakes across the nation and represents a serious and growing threat to important food chains , sport fisheries and public health. The report , "Mercury Rising: Government Ignores the Threat From Municipal Waste Incinerators" , by Clean Water Action (September , 1990) , includes the following findings : At least 20 states ( including Minnesota ) have health advisories warning people not to eat fish because of mercury contamination. Even at very low exposure , mercury can damage the central nervous system and kidneys , impair mental development , and threaten fetal development in the womb, infants and children . DCCAB SOLID WASTE PLAN FOR DAKOTA COUNTY 6 A study by the EPA ' s Environmental Research Laboratory in Duluth and the University of Minnesota identifies garbage incinerators as a major source of mercury to the environment . "State of the art" pollution control technologies employed in the U. S . ( such as those proposed for the planned Dakota County burner ) are not effective at controlling mercury emissions . Ambient levels of mercury contamination in the environment are already nearing critical levels such that no additional increments , no matter how small , can be tolerated . The Minneapolis "Star Tribune" (7/31/90 ) reported that the Minnesota Department of Health has issued fish advisories for 99 out of the 100 lakes tested within the Boundary Waters Canoe Area and Superior National Forest due primarily to mercury contamination . Ash Concerns Incinerator promoters tout the improvements in pollution controls for incinerators . Unfortunately , the industry is in a "Catch 22 " situation: The better they clean the air emissions , the more toxic their ash becomes . "State of the art" pollution control equipment simply diverts air pollution into ground pollution when the industry landfills the ash. Ironically, avoiding ground water pollution from landfills is what motivated engineers to burn the trash in the first place. Incinerator promoters often refer to the long-term safety of ash monofills to justify building incinerators and ash landfills . However , the data they rely on comes from short-term test results from monofills which have been operating for only a few years . Furthermore , a study from the Swedish Geotechnical Institute refutes the incinerator industry ' s interpretation of the data . The study concluded that toxic metals of greatest concern are highly leachable from incinerator ash. The data show that ash is quite permeable to rain water and subject to leaching over a long period of time . The lead in the ash is particularly leachable . In fact , an 800 ton-per-day burner , like the one the County Commissioners wish to build , will concentrate over 11 million pounds of lead into the ash which would be produced over the 20-year life of the facility. Source : "Citizens ' Report On the Draft Environmental Impact Statement for the Proposed Dakota County Municipal Solid Waste Incinerator" ; Michael Orange; p. 29 ; 2/5/90; revised 10/90 ) . The experience of neighboring Hennepin County is a predictor of the problems facing the disposal of .Dakota County incinerator ash. Hennepin County made a similar choice to rely primarily on incineration and to construct a massive incinerator , this one in (44:\ DCCAB SOLID WASTE PLAN FOR DAKOTA COUNTY 7 Downtown Minneapolis . The project has been plagued from the start , but its biggest problem is finding perpetual storage space for the toxic ash the plant produces . The County sought space in 4 communities in Minnesota but all said no. Recently the North Dakota Department of Health denied a permit for storing the County ' s ash there due to environmental health concerns. The County ' s temporary permit for ash disposal in Illinois will expire soon thereby capping the County ' s three-year effort to secure ash landfill space as a total failure. Without a dump for their ash, Hennepin County would have to shut down their burner. Human Health Risk Assessments Human health risk assessments are supposed to account for all of these environmental concerns and incinerator promoters love to refer to those assessments favorable to incinerators . Unfortunately, risk assessments are an odd mix of solid scientific fact blended with a deceiving dose of subjective assumptions which are often developed in response to those who are paying the bill . Studies have shown them to be biased and inadequate. These are some of the reasons why : 1 ) Risk assessments have only recently considered the most critical pathway of pollutant exposure; namely, via the food chain . 2 ) Assessments ignore synergistic effects resulting from the interaction of hundreds of pollutants . 3) Assessments ignore the fact that incinerators destroy resources , thereby forcing us to extract and process virgin materials to take their place . As Dr. David Morris points out "for every ton of used material destroyed , up to five tons of water , fuel and other raw materials are consumed or polluted to replace it . That is the real tragedy of incinerators . If we could magically eliminate all used products with no pollution, environmentalists should still say no. Materials recovery, not materials destruction, is the path to a clean planet . " 3) Assessments ignore exported pollution . According to Dr . Gregory C. Pratt of the MPCA staff , 97% of the pollution created by an incinerator is exported beyond the immediate community. (This is how all of us are being contaminated by dioxins and other toxins ) . • In contrast , NBA programs represent a net benefit to the environment because resources are recovered , instead of being destroyed and then replaced at great expense to the environment . DCCAB SOLID WASTE PLAN FOR DAKOTA COUNTY 8 2.2. Non-Burn Alternatives Are More Effective At Abating Our Need For Landfills ' Looking at this issue only from the standpoint of quantity, we find that both incineration and NBAs can achieve comparable volume reduction of garbage. Both can reduce the volume (not the weight) by about 80% when compared to the volume of mixed garbage after compaction in a landfill . But now examine it from the standpoint of quality. The residue that remains after programs of reduction, recycling, and composting is virtually non-burnable and , most importantly, inert in a landfill . The' ash residue from incinerators , on the other hand , is likely to be toxic and it will require perpetual monitoring and control in an expensive ash monofill forever. Now this brings up a very critical point -- how to handle these two very different residues in landfills. A study done for King County in Washington State -- the Seattle area -- provides some absolutely remarkable insights . The study found that burning the garbage required more landfill space for the toxic ash than simply landfilling the garbage. The safety requirements to control the toxic ash mandate complex leachate collection systems and liners and multiple clay walls . An ash monofill begins to resemble a waffle iron . The study concluded that burning the garbage and burying the ash used up the available landfill capacity faster than simply landfilling the garbage . This fact seems hard to believe after so many sales pitches about the volume-reduction capabilities of incinerators . But a second study was done to test the findings -- this one for Alatchua County, Florida . This second study came to the very same conclusion . The residue from NBA programs does not require these elaborate safety systems because the material is inert in a landfill . Thus , NBAs are far more effective at abating our need for landfills . • 2.3. Incineration is the Most Expensive Method of Waste Management NBA programs are much cheaper than building and operating incinerators . Dr. Neil Seidman, Director of the Institute for Local Self Reliance , and others at the Institute summarized this issue best in the following two quotes : "Before 1985 you didn ' t need baghouses; you didn ' t need scrubbers; you didn ' t need ash monofills nor thermal de-NOx. What is the future and what are the future costs? Warren County predicted a cost of $38 per ton for its incinerator yet its most recent price is $98 and it is expected to increase to $130 to $ 140 by the end of 1989 . And these costs don ' t include the cost of collection . An aggressive recycling program will run you between $55 and $85 per ton including the SI DCCAB SOLID WASTE PLAN FOR DAKOTA COUNTY 9 costs of collection according to our figures . And these numbers do not account for any revenues from the sale of recyclables . " Source: Dr. Neil Seidman; presentation in Winona , MN; 6/6/89. "Moreover, costs for mass burn incineration continue to rise due to the expense of increased emissions controls , while recycling costs continue to decline as mandatory laws require all households in a community to recycle, thus making collection efficient and attracting end-use markets . " . . . [S]olid waste incineration is the most expensive and the most polluting solid waste management strategy. A priority on source reduction, recycling and composting in Union County can divert 80% by weight of the waste stream with less cost and less environmental and health impacts . " Source: "Pitfalls and Promises of Resource Recovery in Union County, New Jersey" ; Brenda A. Platt , Neil Seidman , et al ; Institute for Local Self Reliance; Washington D.C. ; p. 66; 1989 . 2.4. Summary In summary, incineration represents a failure -- an obsolete technology which threatens our environment and our pocket books; and perpetuates landfilling . Incineration represents the mentality of the past -- the throwaway mentality which encourages us , for example , to use paper once and discard it -- out of sight , out of mind . But now we know what happens to it . In a landfill , it creates organic acids which then mobilize toxic metals . These metals , which have been heedlessly discarded as well , then pollute our groundwater . Burn the paper in an incinerator and dioxin is manufactured . The legacies of this mentality are the polluted aquafers , bays and oceans; the choking air of our cities; breast milk poisoned with dioxin. Incineration feeds on this throw-away mentality. 3. An Alternative Waste Management Plan For Dakota County 3.1. The Current Situation The heart of the issue of waste management is not a technical one but one of policy. Communities have a choice which can be generalized to charting a course either towards materials destruction or materials recovery . Technologies and model programs exist for either course . The Dakota County Commissioners have chosen materials destruction (a .k.a . resource recovery) and are working feverishly to construct an 800 ton per day (tpd) mass burn garbage incinerator to be sited DCCAE SOLID WASTE PLAN FOR DAKOTA COUNTY 10 • on land within the University of Minnesota ' s Rosemount Research Center in Rosemount . An incinerator this size will not only burn most of the County ' s waste but will have to attract a large portion of its "fuel" from outside of the County. Because of its huge cost -- $150+ million, the largest project in County history -- the County ' s first priority will be to feed the burner . Tipping fees at a hundred dollars a ton or more are needed to retire the public bonds used to finance the project . It is also likely that the County will continue to operate a recycling program similar to that in operation currently. This recycling program, operating at a level approximating 25-30%, is effective at removing materials which are undesirable in a waste stream headed for an incinerator , namely, non-combustables such as bottles and cans , and yardwaste . The current Metropolitan Council draft recycling goals may provide an incentive for the County to recycle at a higher level but this remains to be seen. Communities which are planning to rely primarily on incineration rather than on materials recovery commonly employ well publicized recycling programs as a component of an "integrated waste management" program. Recycling levels are typically capped at token amounts and are even reduced at times when the burner demands additional recyclables for fuel (e .g. Akron , Ohio and Warren County, New Jersey [refer to "Citizens ' Report" ; p. 43 ] ) . An Environmental Impact Statement was completed by the Metropolitan Council for the project last spring. At this time , the Minnesota Pollution Control Agency (MPCA) is reviewing the County 's application for a construction and operating permit for the incinerator . The Metropolitan Council has approved the permit application primarily on the basis that there is a regional need for the facility . The Council assumes that non-County waste will be burned in the plant . The County is facing some formidable hurdles before a single shovel of dirt could be turned . MPCA staff have expressed serious concerns with the potential environmental impacts of the facility and the resultant landfilling of the ash. Staff have also questioned the regional need for the facility and whether it would substantially impair the implementation of the State-mandated waste management hierarchy. The hierarchy prioritizes waste reduction , reuse and recycling over incineration and landfilling. Staff have stated that the margin of error in their analysis of the environmental impact and need for the facility does not permit a conclusion either for or against issuing a permit . A formal Contested Case Hearing is also very likely. A hearing would probably delay the final consideration of the permit application until late 1991 . This represents a total of over two years of delay for the County ' s plans . DCCAB SOLID WASTE PLAN FOR DAKOTA COUNTY 11 Also , the State Legislature came close last year to implementina a moratorium on the construction of incinerators . The issue is sure to arise again this year given the turning of the tide against support for incinerators and the new Governor ' s public statement in favor of a moratorium. Public support for reliance on non-burn alternatives continues to grow daily and anti-incinerator sentiments increase as the public becomes more aware of the problems with and the alternatives to garbage burners . 3.2. Predicting Waste Levels The first step in developing a solid waste management plan is to. predict the future levels of waste to be managed . Forecasting is always a process fraught with a lack of objectivity. This area of analysis has been particularly controversial in this project with the County arguing that the waste stream will be huge and others arguing that environmental awareness and the economic pressures of tripling waste disposal costs will significantly decrease the generation of waste. The derivation of a waste generation forecast depends on estimates of future population and employment . Per-capita and per-job waste generation estimates are used to predict the future waste stream. In this report we will use the figures from the Metropolitan Council for population and job forecasts and the waste generation figures from the MPCA. Table 4 shows these predictions . Waste Reduction and Reuse Note that waste generation is capped at 1990 levels in this analysis . This assumption is consistent with the State Solid Waste Policy Plan of the MPCA and the Minnesota Office of Waste Management . The MPCA has adopted this waste generation policy and so it is incorporated here . This policy is comparable to a waste reduction level ( and is show accordingly on Table 4) . Dakota County has argued against the practicality of counting on any waste reduction levels at all . We find the MPCA levels conservative and achievable. Other communities have accomplished far greater levels of waste reduction . In Seattle , a volume-based fee program resulted in a 56% reduction in waste generated by participants in the program according to the EIS for the Dakota County Incinerator project (p. II-10) . In former West Berlin, people participating in a source reduction program reduced the waste generated by 20% in the first year . A third example is Perkasie , Pennsylvania . Six months after instituting a recycling program and charging residents by volume for their mixed solid waste , waste collected was reduced by 62% by weight . About 29% was attributed to source reduction alone . DCCAB SOLID WASTE PLAN FOR DAKOTA COUNTY 12 • Source: "Pitfalls and Promise of Resource Recovery in Union County, New Jersey" ; Brenda A. Platt et al . ; Institute for Local Self Reliance; Washington D.C. ; p. 67; 1989. Waste Reduction Methods Waste reduction always tops the list of waste management hierarchies buts typically gets little attention. It is an important issue because if the generation of the waste is avoided in the first place , no adverse environmental impacts result . Waste reduction can be achieved by the following methods : -Changes in consumer behavior -Modified landscape practices -Modifications to commercial and manufacturing practices -Modifications to product design -Modifications in marketing and packaging The expected tripling of waste disposal costs will focus far greater attention on these matters . Examples of consumer behavior changes include the use of cloth diapers , returnable bottles and containers, eliminating junk mail delivery . The best example of modified landscape practices is leaving the grass to mulch on the lawn instead of bagging it for collection . Commercial and manufacturing practices are often great generators of waste which can be curbed . Also the waste material from one process can be the raw material for another business . Making products which are more durable and which contain fewer toxic materials can reduce both the volume and the toxicity of waste. Excessive packaging is a well known problem which must be addressed . 3.3. Token Verses Intensive Recycling Source separation refers to the practice of separating out at the source targeted materials from the waste stream for separate collection and recycling . In a token recycling program, easily separated and recycled items such as glass and metal containers, newspapers and corrugated cardboard are usually collected . Typically, government sponsored programs affect residential programs and private haulers collect for their commercial , industrial and institutional customers . Token recycling programs are the result of a community ' s decision to rely primarily on a materials destruction waste management program employing landfills and oftentimes incineration An intensive recycling program targets the widest possible range of materials . A community choosing a materials recovery waste management strategy will employ an intensive recycling program having the following characteristics . (These findings are based on the work of the Institute for Local Self Reliance ) : 1 Volume-based garbage collection fees DCCAB SOLID WASTE PLAN FOR DAKOTA COUNTY 13 2 Mandatory recycling for residential as well as commercial and institutional uses . 3 Targeting of a comprehensive list of recyclable materials 4 Aggressive marketing of recyclable materials 5 An aggressive education campaign 6 A yard waste composting program 7 Development of a centralized processing facility for the mechanical separation of recyclables and the composting of organic materials . 3.4. Estimating Potential Levels of Source Separation Tremendous progress has been achieved in source separation in a very short time . A substantial body of literature exists to help communities implement a materials recovery program. In 1989 , only 15 American cities recycled more than 25% of their waste stream. Last year, a survey by the Institute for Local Self Reliance revealed that 60 communities recycle above this level . Keep in mind that the 25% level was considered the upper limit just a few years ago. This survey listed a dozen cities in 1989 which recycled at or above the level (35%) set by the State of Minnesota as a Twin Cities area goal for 1993 . The Metropolitan Council sets limiting gcals on recycling as well . The Council ' s draft goal limits recycling to a maximum of 50% for the next 20 years . This is clearly an unreasonably low level considering that three American cities have already achieved recycling levels of between 49-57% of their waste stream. Source Separation Levels A recent report by Dr . Jeffrey Morris , a researcher with the Sound Resources Management Group, provides a comprehensive way to predict the portion of the waste stream which can be source separated: "Both theoretical and impirical data are emerging to support intensive source separation recycling. Although waste composition and waste management practices vary from one area of the country to the next , and even between different communities in the same region , these data suggest simple rules of thumb for planning source separation recycling programs . We call these guidlines the "three 80 's for the 90 ' s" : 1 Get 80% participation in curbside and drop-site collection programs . 2 Achieve 80% separation efficiency in participating households . 3 Target 80% of the waste stream for source separation. 569 DCCAB SOLID WASTE PLAN FCR DAKOTA COUNTY 14 An intensive source separation recycling program based on these guidelines will divert about half of the waste stream ( 80% X 80% X 80% = 51%) . It i.s important to note that this recycling goal is 51% recovery of waste after the effects of any source reduction programs . New York State, for example , has set a goal of 10% source reduction. " Source: "Three 80 ' s for the 90 ' s Will Cut Waste in Half" ; Dr. • Jeffrey Morris ; Sound Resources Management Group, Inc. ;p. 1 ; October , 1990. The data for this report were developed from extensive research from "real world recycling program information gathered by the consulting team that conducted the Washington State Department of Ecology ' s Best Management Practices Analyses for Solid Waste" . The study examined recycling programs in more than 20 U.S . communities of all sizes and characteristics . Table 1 is reproduced from the "Three 80 ' s" report . It shows the composition and recovery rates for specific materials which form the bases for the report ' s conclusions . These figures can be expected to be the case in Dakota County as well . Achieving an 80% Participation Rate Participation rate refers to the percentage of the population and employees in the jurisdiction who participate in the source separation program. The study found that existing recycling programs are able to achieve even greater than the 80% participation goal ; in fact , as high as 88%. This high level could be expected in Dakota County as well considering that the people of Dakota County have been the top recyclers in the region ever since curbside programs began in the County in April of 1989 . Achieving 80% Separation Efficiency Table 1 from the study is included here to show the separation efficiencies achieved in the Puget Sound area . The weighted average separation efficiency for buy-back/drop-off and curbside participants was 79%; very close to the 80% goal . Targeting 80% of the Waste Stream • The study recommends that the following materials be targeted for source separation recycling: all paper grades , glass , metals , plastics and yard waste . All of these materials are currently being collected and recycled in the Twin Cities under various programs . Wood and food wastes would be handled more economically via centralized waste processing composters . This list, when compared to the percentages on Table 1 , would yield a collective percentage of 73%; close but below the 80% guideline . This plan also assumes this 73% targeting percentage . 5 7 DCCAB SOLID WASTE PLAN FOR DAKOTA COUNTY 15 Taken together , the three percentages yield an expected recovery rate of 51% like the "Three 80 's" report predicted . 3.5. Mixed Waste Processing Typical Facilities Hundreds of facilities all over the world have utilized a variety of hand and mechanical sort systems for decades to separate and compost mixed municipal solid waste (MSW) . Most systems separate and process the garbage into 4 streams : materials for which there are recycling markets , organic materials which are composted , cumbustable materials which are processed into a fuel for incinerators , and residues and rejects from the first three processes which are landfilled . If a maximized recycling program is used to recover a very high percentage of the waste stream, mixed waste processing can handle the remaining mixed MSW much more efficiently and cheaper than mass burn incineration technology, such as Dakota County is proposing . Most mixed waste processing systems have the following characteristics . Garbage is dumped on a completely enclosed tipping floor . Negative air pressure is maintained within the building to prevent any odors from escaping the plant . A combination of machines and hand pickers separate the garbage. Newspapers , glass , metals , cardboard , mixed paper and plastics can be removed for sale to recyclers provided a market exists for these materials . The machinery and processes can be oriented to maximize either materials recovery or energy recovery (through the production of a refuse derived fuel ) for sale to incinerators. This plan recommends incorporating no refuse derived fuel capacity due to the environmental impacts of burning the fuel and storing the toxic ash. The remaining waste is then size-reduced and composted , usually in an enclosed facility on site. After screening , the compost is usually sold as a soil supplement for agricultural uses , land reclamation projects , nurseries and as a landfill cover . The non-biodegradable , non-recyclable residue from the composting process is usually landfilled . Several large firms are in the Midwest which market this type of technology including Dano Co. ; Buhler-Miag, Inc. ; RECOMP, Inc. ; Lundell Mfg. ; and others . Lots of technical information is readily available upon request of these companies . Recovery Rates for Recycling and MSW Composting The residential portion of the waste stream equals about half of the total waste . Commercial , industrial and institutional waste Dakota County Citizens Against Burning (DCCAB) 16 equals another 40% and the remaining 10% comes from building debris (refer to Table 2 ) . These percentages are -common throughout the country. Table 3 includes the estimations of the possible recovery rates for recycling, yard waste composting, and mixed waste processing and composting. Source separation of materials can result in the recycling of 45% of the waste stream. Adding yard waste composting ( 11%) and the recycling that would occur at a centralized processing facility ( 8%) bring the total recovery for recycling to 64%. The composting of the organic fraction delivered to MSW composters will process another 22% of the waste . Total recovery under this system is 86%. Residues remain after recycling (about 3%) and MSW composting (about 31% by weight ) . As a percent of the total waste , the residues will equal only 14% of the original weight of the garbage . These inert materials must be landfilled . Table 4 uses the recovery percentages in Table 3 to predict the actual tonnages by processing method . As the table shows , landfill abatement is significant considering that the percentage drops from 70% currently to 14% throughout the planning period . The recovery rates included in the table are consistent with rates already being achieved in programs operating in the country now, according to reports and testimony from Dr. Neil Seldman of the Institute for Local Self Reliance. Table 5 contains an estimate of the size of mixed waste processing capacity needed for the County in order to implement the plan . This plan assumes that the proposals for two MSW composting operations will go forward -- the RECOMP, Inc. food waste composter and the City of Farmington facility. The daily capacities are 400 and 75 tons respectively. The RECOMP plant would process food waste from all over the region including about 70 tons per day from Dakota County. The table shows that daily processing capacity needs to expand from just over 300 tons in 1993 to 426 tons in 2010 . One of the most attractive features of this approach to waste management is its flexibility. Processing facilities can be almost any size through the use of modular units; and partial or full working shifts can be added to handle the fluctuations in the waste stream volumes . Additional modular units can be added over time in response to the growth in the waste stream. The companies mentioned in this plan can design and construct these facilities in about 12 months . For this reason, a 1993 start-up date is assumed in Tables 4 & 5 . Table 2 includes the 51% recycling level expected from source separation and centralized composting operation c417 Dakota County Citizens Against Burning (DCCAE) 17 Markets Markets for recycled materials and compost are constantly improving across the country in spite of periodic swings in demand . Market analyses for three intensive recycling/composting projects in New York and New Jersey concluded that stable markets existed for a reliable supply of materials . This was the key finding of these studies : If a supplier (the recycler) can guarantee a steady supply of materials , end users can put the material to use. The only materials which have suffered from fluctuating markets in the Twin Cities are old newspapers (ONP) and mixed paper . Together they comprise about 22% of the overall waste stream; clearly a substantial amount . However , conditions are changing . Recently, the Canadian Pacific Forest Products Company announced that it will install recycling capacity at its Thunder Bay newsprint plants which will require 3 times the amount of old newspapers a ers available in the entire State of Minnesota . According to a recent Franklin Assoc . study, this capacity will be on line in one year. (Source : "Market Development for Old Newspapers in the Twin Cities Metropolitan Area : Progress and Opportunity" ; Franklin Associates , Ltd . ; February 1 , 1990 . ) Staff at the Minneapolis/Hennepin County Office of International Trade predict that the export of old newspapers to Canada will force Waldorf and other local paper recyclers to replace newspapers with mixed paper for their raw material . To this huge market for paper recycling , add the material and packaging bans and the public outcry over the once-only use of plastics and the stage is set for an intensive recycling program that could be a national model . Costs It is beyond the scope of this study to quantify costs very exactly . However , general information is available to compare with the County ' s $150 million incinerator project . In addition to the national trends quoted on page 9 , Section 2 . 3 , by Dr . Neil Seidman of the Institute for Local Self Reliance , a very recent proposal is enlightening . The Environmental Assessment Worksheet for the proposed 400 ton per day mixed waste processing facility from RECOMP, Inc. lists a project cost of only $ 14 million for the - facility. This represents capital costs of $35 , 000 per ton capacity compared to $188 , 000 per ton capacity for the County ' s proposed incinerator. The incredible expense of incineration is borne out in these figures . According to the Institute for Local Self Reliance , when operating costs are figured in , a maximized source-separation system complemented by a mixed waste processing and composting facility would cost only a fraction of the price of mass burn incineration . (:;? (4) Dakota County Citizens Against Burning (DCCAB) 18 For More Information For more information about this report , the reports listed on the last page of this report , or the reference material , call Michael Orange (612-457-8793 ) . For information regarding the Dakota County Citizens Against Burning (DCCAB) or other information regarding the proposed Dakota County incinerator project, call David Evans, DCCAB Chair (612-432-4894) . Solid Waste Management Plan for Dakota County;DCCAB TABLE I • ESTIMATES OF PUGET SOUND REGION RESIDENTIAL WASTE COMPOSITION AND RECYCLING METHOD SEPARATION EFFICIENCIES USED IN THE OPTIMIZATION MODEL Separation Efficiencies Home Sorting MSW Processing Waste Component Composition Buy-Back Curbside Drop-Off Recycling Composting Newsprint 11.6% 85% 85%• 85% 15% 70% Corrugated Cardboard 5.2% 0% 85% 85% 50% 35% High Grade Paper 0.3% 0% 85% 0% 15% 70% Mixed Waste Paper 10.4% 0% 85% - 0% 15% 70% Refillable Glass Containers 0.7% 50% 50% 50% 60% 0% Other Recyclable Glass 5.9% 0% 50% 50% 60% 0% Aluminum Beverage Cans 0.8% 85% 85% 85% 60% 0% Tin Food/Beverage Cans 12% • 0% 40% 40% 80% 0% Ferrous Metals 1.5% 0% 0% 75% 80% 0% Non Ferrous Metals 0.4% 0% 0% 75% 40% 0% Whit= ,3cods 1.7% 0% 0% 95% 85% 0% PET =cttles 0.3% 0% 50% 0% - 25% 0% HOPE Bottles 0.4% 0% 50% 0% 25% 0% Plastic Packaging/Film 4.4% 0% 35% 0% 0% 15% Other Plastics 0.9% 0% 0% 0% 0% 15% Tires 0.4% 0% 0% 0% 75% 5% Other Rubber Products 0.2% 0% 0% 0% 0% 20% Food 8.2% 0% 90% 0% 0% . 95% Lawn&Garden Waste 26.9% 0% 90% 0% 0% 90% Wood Waste 1.6% 0% 75% 0% 25% 65% Construction Waste (except wood) 0.7% 0% 0% 0% 25% 10% • Other Organic Waste 9.2% 0% 0% 0% 0% 90% Other Inorganic Waste 6.2% 0% - 0% 0% 0% 30% 100.0% SOURCE:Matrix Management Group,et al,'Best Management Practces for Solid Waste,Volume III, Statewide Findings&Recommendations,'Olympia,WA:Office of Waste Reduction and Recycling, Washington State Department of Ecology, Publication No.88-33C.January 1989. . 62 412-- Solid Waste Management Plan for Dakota County;DCCAB TABLE 2 PERCENTAGE OF THE WASTE STREAM WASTE MATERIALS VERSUS YARD WASTE YARD MATERIAL TOTAL Residential 8.3% 41.7% 50% Commercial/Industrial/ 3.5% 36.5% 40% Institutional (CII) Building Debris 0 10.0% 10% TOTALS 11.8% 88.2% 100% Source: Draft Environmental Impact Statement for the Proposed Dakota County Municipal Solid Waste Incinerator; Metropolitan Council of the Twin Cities; pp 7-8; • December, 1989. (SWPNT2.WPS;1/14/91) C� 3 Solid Waste Management Plan for Dakota County;DCCAB TABLE 3 RECOVERY RATES FOR RECYCLING AND MUNICIPAL SOLID WASTE COMPOSTING RECYCLE/ PERCENT OF RECOVERY COMPOST ► WA ; .0 • r _ - ; • _ • 1, ; .. " • li ► 1 : A RESIDENTIAL 50.0 1 Materials 41.7 (1) SS-Materials 51 (2) 21.3 2 Yard 8.3 (1) SS-Yard 95 (3) 7.9 3 After SS 20.8 MWP 18 (4) 3.7 4 After SS 17.1 MWC 69 (4) 11.8 & MWP 5 SUBTOTAL 44.7 B CII 40.0 6 Materials 36.5 (1) SS-Materials 51 (2) 18.6 7 Yard • 3.5 (1) SS-Yard 95 (3) 3.3 8 After SS 18.1 MWP 18 (4) 3.2 9 After SS 14.9 MWC 69 (4) 10.3 & MWP 10 SUBTOTAL 35.4 C CONSTRUCTION 10.0 11 Materials 10.0 SS-Materials 51 (2) 5.1 12 After SS 4.9 MWP 18 (4) 0.9 13 SUBTOTAL 6.0 D SUBTOTALS TOTALS 14 RECYCLING 64.1 15 SS-Materials 45.0 16 SS-Yard 11.2 17 MWP 7.9 18 MWC 2211 19 TOTAL RECOVERY 86.1 20 LANDFILLED RESIDUE 13.9 LEGEND • SS Source Separation MWP Mixed Waste Processing • MWC Mixed Waste Composting CII Commercial/Industrial/Institutional FOOTNOTES 1 Refer to Table 2. 2 Refer to Source Separation section of Solid Waste Management Plan for Dakota County. 3 The high recovery rate stems from the strict compliance with local laws requiring the separate collection and composting of yard waste. 4 Source: Draft Environmental Impact Statement for the Proposed Dakota County Municipal Solid Waste Incinerator; Table A-13; results from the Buhler-Miag Co. 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F z a H TS Z .JQ+-NC,•trIn co IO1`m0 C.)O�NNCDet to N 0� N N C.)V' lr)CD I's CO S Solid Waste Management Plan for Dakota County;DCCAB TABLE 5 SIZING THE COUNTY'S CENTRAL PROCESSING FACILITY LINE ITEM 1993 2010 1 Total waste (1) 812 1068 2 Other MSW composting 95 95 facilities (2) 3 Available to County 717 973 4 Capacity need (3) 314 426 5 Outputs (3): 6 Recyclables 57 77 Compost 158 214 Residue 99 135 FOOTNOTES 1 Table 4, Line 5. 2 Assumes the construction and operation of the planned RECOMP food waste composter and the Farmington MSW composter. RECOMP seeks 70 tons per day from Dakota County and Farmington is planned at 25 tpd. 3 Incoming waste to be processed equals 43.8% of the total waste stream. Conclusion is derived from Table 3: the sum of mixed waste processing (7.9%), mixed waste composting (22%), and the residue which can neither be recycled nor composted (13.9%). (SWPLNT5;1/14/91) Ce • DCCAB REPORT BIBLIOGRAPHY 1. DCCAB Position Paper on Dakota County's Solid Waste Management Policy (letter addressed to Steve Loeding); Michael Orange; 7/10/88; '` pages with references. 2. "Garbage Incineration and the Hennepin County Incinerator"; Michael Orange; Hamline Journal of Public Law and Policy; July, 1988; 47 pages with references. 3. "Incineration Myths -- What the Experts Say"; Michael Orange; 8/2/88 (latest revision 4/2/90); 6 pages including references. 4. "Dakota County Garbage: A Burning Issue"; Vince Hyman; August, 1988 (updated February, 1989); 2 pages. 5. "Plan to Replace 'Need' for a Garbage Incinerator in Dakota County"; Terry Guggenbuehl and Michael Orange; 8/28/88; 14 pages with references. 6. "Recycling/Composting Programs Which Replace the 'Need' for Incinerators in Fillmore and Becker Counties"; Vince Hyman and Michael Orange; 10/24/88; 7 pages. 7. "Finding Answers to Garbage Dilemma"; Vince Hyman and Michael Orange; Becker County Record; 10/30/88; 2 pages. 8. DCCAB position papers regarding the Draft Scoping Document for the proposed Dakota County Garbage Incinerator project (letters addressed to Paul Smith, Project Director, Metropolitan Council): • 8a. Part I: 1/26/89 and appended 2/3/89; Michael Orange and Dee Richards; 10 pages including footnotes. 8b. Part II: 6/6/89; Michael Orange and Dee Richards; 11 pages including footnotes, and 31 pages of attachments. 9. DCCAB reports to the Metropolitan Council regarding the EIS: 9a. "Citizens' Report on the Draft Environmental Impact Statement for the Proposed Dakota County Municipal Solid Waste Incinerator"; Michael Orange; 2/5/90 revised 10/1/90; 50 pages including footnotes plus 21 pages of attachments. 9b. "DCCAB Report on the Final Environmental Impact Statement for the Proposed Dakota County Municipal Solid Waste Incinerator"; Michael Orange; 5/16/90; 5 pages. 10. "DCCAB Report to the Minnesota Pollution Control Agency Regarding the Need for and the Risks Posed by the Proposed Dakota County Garbage Incinerator"; Michael Orange; 7/24/90; 6 pages including references. 11. Report to Marsha Gelpe and Janet Green, Chairs of the Joint Air Quality/Solid Waste and Ground Water Committee of the PCA; Michael Orange; 9/23/90; 10 pages. Similar report also sent to Steve Keefe of the Metropolitan Council; 9/25/90. 12. Testimony to the Environmental Resources Committee of the Metropolitan Council Regarding the Permit Application for the Proposed Dakota County Incinerator; Michael Orange; 10/9/90; 10 pages including references. 13. "'Resource Recovery' or Destruction in Dakota County?"; Michael Orange; 10/17/90; 2 pages including references. 14. "Central Sort Technology"; Michael Orange; 10/25/90; 2 pages including references. 15. "Primary Sources Used by Michael Orange and DCCAB for Reports Regarding the Proposed Dakota County Incinerator"; Michael Orange; 10/31/90; 3 pages. 16. Report to Marsha Gelpe and Janet Green, Chairs of the Joint Air Quality/Solid Waste and Ground Water Committee of the PCA; Michael Orange; 12/14/90; 3 pages and 15 pages of attachments. 17. "Solid Waste Management Plan for Dakota County"; Michael Orange; 25 pages including references; January 16, 1991. (BIio.WPS;JMO: 1/15/91) (P Cl) • I ZIONOTrtf)CnMO) NNOOTLf) ° O z5CCNOMNNC CC WN6 O O to- N O a U T T in O W o QN I Z 0 3 0) °a o` �] ZCC,cOONCD��OV�Q 00000 0 O a a. O�o� c0 co TZ E o Zm,TT T `° p cz C V N Z n- o � E(zT-t O = X0 � � H = E OQ Q 3 -mo ?, " c�cn o c W ZO'N� tf)�Lt)CS)C)C') OONN�T ? �— O Z U��CO Cr)COO) NN� T�COCONCO U.� U ZQI r N O V 2 0J c O v O _ - , o oo 0 Z W I— — .9 m U ° U ap II Z a) .0 co LIJ a) Q L�Lla 2Z zetNcrTrONMm< OOOOV O 'Es JO Q O ,:s-c2 0.� C W p �I^NrnnTT�0Z�O T fN T T Z T� T 10?, E E c al -0 co 1— O Zoo T m-6 , Cl) O.E'r tv 2 W _QU o - (1i o 0 0 ''terC0 J „el."' E a o o2 c.�3 CO = C' E E > 0 c,: c ,v3 C E 25a 3 Q1.... = 7CD 8e . N Il. W Ir_No C C C-0 C C'O C T3 10° 00.—c C LO O I—o ,- = G > I 00 O o 0 >.O o >'2 >•>. - > 0 0 o N o CU N „c 0 O To..z.: C ZC'3 0>. 0 c=iyc°ic=i � E'� EaEa� � N0o ftiO CCTCO- 00OO �) v c .'�.S -)in 3u)..E.S Cl • Q U co'c)v) c>c 3 ?^ 3 a, CUT %.3 c� O.aa°i�t °NONE 0 ocoQ° _ o� 000cc.5 W o � - ` ` ° ' c0 coc-c0O 0aa• V v� E 3^ Co- c-=3Uoo� � cEc�aic q CTN t4 O^Of� J0 C.^ c— UcU_I 0 C/1 c > c .-- - >. C �ocnOcno-,-T C!)�'O >, CI W o aioNNN� �� ��} °U0oNN��CD� o �. a� aa� NEoco ° o ° 'QO)aiEc �-- OC� 3 >.a� .. m ° � 3 �Ua ° °.� o ena00a.)ccO . Z di cc°'Ev� 3.58 >,° ° u� ,9. ~ oZE= ca) EooE�> - Fi c� >'>.> c'_ c c c-—.0 I— 2 v) 2 I O ICI) a) a� c4 am 47 V' Rio a°ia�i� E oo0 °'5 c� c O ° ccc = c0�.0 C () m `° H co� � U`�U c o o c� 000000 a c c� o �; y I—J �CJIDCAZ�Z ate._—H ..J r 0 z c. 'o ? ct3. C 0 °_0 CIS_0 0 0 V) J*-*-NCI,T LA I.f)C0 N-N. O CO CA T- LL T N C7 V LC) CO N- O N (08 DAKOTA COUNTY CITIZENS AGAINST BURNING "Dedicated to a Better Environment" Incineration Myths-- What the Experts Say August 2,1988 (Revised 4/2/90) We are at a crossroads. According to Michael Brown, author of The Toxic Cloud, The nation has begun awakening to the dire hazards of toxic chemicals, watching with a collective gasp, as citizens from every region...have found themselves trapped in contaminated homes or sickened by poisoned wells. They are smitten by an arrogant mindset within industry that in the end scorns their right to good health and peace of mind. Once they realize what is happening and look to their local and federal agencies for help, such victims find with unnerving predictability, that those agencies--designed to protect public health and the environment--seem more concerned in protecting industry."(#3,pp.4&5)(refer to references at end) As a society, we are polluting our air, soil and water. Problems such as acid rain,ozone depletion,greenhouse effect and Superfund sites result not from the criminally-negligent pollutor. Rather, most pollution is legally sanctioned and permitted. Environmental protection can lag decades behind industrial creativity.Consider all the things that have been promoted by industry and permitted by impotent regulators which were later found to be detrimental to public health and the environment. Things like Thalidomide, Agent Orange, DDT, PCB's, lead in gas and paint,2-4-5-T,the Dalcon Shield, asbestos, chloroflorocarbons, and so many others. Dakota County is proposing to build a major pollutor--a massive garbage incinerator and toxic ash landfill.These facilities are planned to be in operation in 1994. We can't let this happen when there are better alternatives to Iandfilling garbage. In response, DCCAB was formed as a local citizens group organized by people who are opposed to the landfilling and incineration of garbage. We support non-burn alternatives to Iandfilling such as waste reduction, reuse, recycling and composting. These alternatives are available and much cheaper. They produce more jobs and actually benefit the environment by recycling our resources rather than burying and burning them. The County Board is only telling part of the story about their proposed incinerator. Before you take a position,consider what the experts say regarding incineration: The County Board selected Combustion Engineering to build their 800 ton-per-day(tpd)incinerator. Consider another Combustion Engineering (CE) project. When CE proposed to build a plant to burn 800 tpd of processed garbage in Columbia County, Oregon, a blue ribbon panel of experts evaluated the health impacts of the proposal. (The 7 doctors comprising the Health Impact Review Panel hold a total of 18 advanced degrees among them.) After a thorough study,they unanimously concluded that the facility "should not be built because of safety concerns." CE was proposing a plant which the firm said was designed to have among the lowest air emissions rates in the country,if not the world (#1, p.44). Yet the Panel stated that "significant concerns remain over the potential for adverse health impacts from long-term accumulation of heavy metals such as mercury and lead, as well as toxic organic compounds such as dioxins and furans and biphenyls. Available knowledge and modelling capabilities do not provide an adequate basis...to assure safety in this critical area of possible health impacts.... • "In its deliberations, the Panel was not convinced that(pollution control)standards could be maintained all the time over the life of the plant. The fact of the matter is that a large amount of pollution will be produced in the plant....lf for some reason there is a small deviation from the projected pollution control efficiency, the amount of air pollution released to the atmosphere can increase dramatically....The Panel remains skeptical that, even on an annual basis, the projected low levels of pollution can be maintained as shown in the[company data]"(#1, pp.18&19) Since the issuance of this report,Columbia County has replaced its plans to incinerate garbage with a major (800 tpd)composting plant. Another body of experts have recently completed an in-depth,two-year study of waste disposal methods. The Toxic Substances Control Commission (TSCC), comprised of 11 doctors, is an agency of the State of Michigan charged with helping to establish State policy on matters of public health and the environment. The TSCC concluded "that a waste management strategy that relies principally on incineration is inherently inefficient, is inflexible and expensive and perpetuates rather than eliminates the need for large-scale landfilling." The Commission's report concludes by stating: "Considering the significant undesirable and unknown factors associated with incineration, many communities may in fact, be trading one set of problems for another of equal or greater magnitude." Rather than incinerate,the TSCC recommends that "waste reduction, recycling and other waste minimization programs receive priority attention."(#2,p6) For More Information or Documentation,Write: DCCAB c/o 1211 Bidwell St.,W.St.Paul,MN,55118;or call: 612-432-4894 or 612-454-7112 (L4G\ • DCCAB Report: Incineration Myths: What the Experts Say Page 2 Consider the responses of the experts to the claims of incinerator promoters: Alvth##1; Garbage incineration is safe because government regulators say so. Response: Too often public bodies charged with protecting our health and safety are a part of the problem,not the sollution because they ignore the consequences of incineration and toxic ash land filling. —Michael Brown: "By July 8, 1986,the American Chemical Society had registered 7,936,191 chemical compounds, and though not all are toxic, and not nearly all are in common use, a good number of the most toxic ones can be found almost anywhere. Yet of these,federal air laws in 1987 controlled less than one in a million--a grand total of 7."(#3, p.7) —Newsday; "In a report released late last month,the EPA said that incinerator ash containes dangerous levels of cadmium, lead and dioxin. Despite the tests,the EPA says it is planning to recommend that ash not be treated as a hazardous waste--a decision likely to be applauded by the incineration industry which does not want to pay the high cost of disposing of ash as a toxic material." (#4, p.39) --"In a policy statement adopted on October 25, 1989,the American Public Health Association (APHA),the oldest and largest public health association in the world with over 50,000 members, made 10 recommendations concerning waste and resource management. The APHA noted that as a result of the current garbage crisis'many public officials are embracing garbage incineration as a solution without recognizing that incineration is a poor alternative to landfilling as a waste management option and therefore has significant consequences in terms of environnental pollution and public health." (#5, Vol.77) Myth#2; Garbage incineration Is safe because air emissions pose no significant threat to public health. Besides, the pollution from the incinerator will be small compared to the already high levels of pollution present In the County. Response: The general population is already overexposed to toxics such as lead and dioxins In the environment. Commenting on the proposed(and currently stalled) Winona County Incinerator, Dr. Raymond A.Farber stated: "1 consider it ecologically immoral to create[dioxins]when alternatives to(incineration)exist': --The Center for the Biology of Natural Systems: "Based on the average[fat]tissue concentration by the EPA survey...the average lifetime cancer risk for the U.S. population due to [dioxin]exposure...is clearly unacceptable...according to regulatory practice established by the EPA....[Dioxin]emissions from trash burning incinerators are a major contributor to environmental exposure to these substances....lncinerator emissions of dioxin would bring many segments of the population beyond this already 'unacceptable' level." (#6, pp.19&20) --"Reports presented from several different states and countries (Missourri,Georgia, Utah, New York, Canada,Germany and Japan) confirm the 'high' background levels of dioxins and furans in the fatty tissues of the general population,first reported by Dr. Christopher Rappe from Sweden. According to Dr. Schleifer,who analysed the data from different parts of the world,the average concentration...is 1/80 of the level which is associated with the first symptoms of dioxin damage in animals. This means that the general population is already into the usual safety margin established for highly toxic materials....However,even more disturbing is the fact that the human milk levels,reported by Dr. Rappe and confirmed in other countries, means that the nursing infant will greatly exceed the so-called'allowable daily intake'prescribed by certain countries. (#26) --"The Danish EPA reports that the major source of dioxins and furans entering the Danish environment comes from municipal incinerators, and the finding that in Switzerland that cows grazing near incinerators contain 5 times as much dioxin than cows that don't,puts a special focus on the strategies being used to minimize such emissions."(#26) --A.P.: "The[Netherlands]government has banned the sales of milk and meat products from the farms near two large waste incinerators after foodstuffs from the farms were found to be contaminated by dioxin....[According to George Dankmeyer, a Health Ministry spokesman], consumers drinking contaminated milk on a daily basis would ultimately take in more dioxin than is considered safe." (#27) The 2 Dutch incinerators have been shut down due to their dioxin emissions. (#5, Vol. 66) --"A Scientific Review Panel studying dioxin on behalf of the California Air Resources Board found that no level of doixin could be considered safe." (#1, p.106) --"Zmirou et al. (1984) reported a retrospective epidemiologic study of the consumption of medicines for respiratory problems over a 2-year period among residents in a French village at a distance of 0.2, 1 and 2 km from a[garbage]incinerator....The preponderance of respiratory medicines (bronchodilators, expectorants, antitussants, etc.) purchased decreased significantly as the distance of the residents from the incinerator increased."(#28) DCCAB Report: incineration Myths: What the Exports Say Page 3 —The Agency for Toxic Substances and Disease Registry in 1987 stated that: "Given the continuing status of general population exposure to lead in the U.S.associated with past uses and failures to remediate particular instances of contamination,even marginal increments in exposure are a major public health concern."(#4,p.64) —Oregon Health Impact Review Panel: "Disposal of refuse by burning results in the formation of significant new organic pollutants and makes many metallic pollutants more mobile in the environment. Both increase the health hazard from refuse disposal." (#1, p.99) --Oregon Health Impact Review Panel: "The long-term health risks of exposure to organic compounds are still not accurately known. It is known, however,that in the U.S. about 25%of all people die from cancer, some caused by long-term exposure to man-made chemicals in the environment. Since most people are already being exposed to pollutants from many sources there are no safe thresholds for additional exposure." (#1,p.iv) Myth#3; Concentrating the metals present in the garbage through incineration is a good thing. The ash will not pose a significant health risk,besides it can be "recycled"for road and building materials. Response: Incinerator ash is dangerous. Dr. Richard Denison: 'Incinerators act like secondary metal smelters by burning combustable materials and mobilizing the metals into air emissions or concentrating them in residues in a highly bioavailable form."(#9, p.12) Furthermore, incinerators create the most toxic substance known to science-- dioxin. Most ash samples test as a hazardous waste. To call an incinerator a "resource recovery facility"clouds its function as a hazardous waste manufacturing facility. Over the 20-year life of the County's proposed incinerator,it would generate enough hazardous ash to dump between 1.5 and 15 tons of it into the living room of every household in the County. --Based upon a new study by a team of engineers at Rutgers University,the ash from the proposed Dakota County incinerator would contain approximately 600,000 pounds per year of 4 toxic metals alone--lead, arsenic,cadmium and chromium. These are all metals which are toxic at microgram quantities (there are 454 million micrograms in one pound). (#29) --American Public Health Association: "Inadequate enforcement under[federal laws] has allowed ash handling to pose significant threats to air and water quality and to human health,especially that of workers." (#5, Vol.77) --"There's no such thing as a safe incinerator because there's a Catch-22,"contends Dr. Paul Connett, a researcher and dioxin expert at St. Lawrence University in New York. "The better the incinerator is at protecting the air,the more toxic the ash is going to get." (#4, p.8) --"The EPA has stated that 'all landfills will eventually leak"' (#5, Vol.3) --Dr. Peter Montague: "Today's ash landfills are tomorrow's Superfund sites."(#5, Vol. 14) --Swedish "EPA" report concludes: "...enhanced leaching of toxic metals from[incinerator ash]is a major problem that will cause difficulty when it comes to disposal." (#9, p.14) Response: The draft EIS for the proposed Dakota County incinerator relies almost exclusively on recent test data from 2 ash monofills to conclude that landfilling ash will cause no threat to the environment. However, these test results are very preliminary at best and are derived from landfills that are less than two years old. The practice of drawing long-term conclusions from test data describing only short-term conditions is unscientific. This position is shared by Dr. Brenda A. Platt at the Institute for Local Self Reliance. She claims that It is likely that no test can completely account for the high variability in the waste stream and actual long-term conditions in ash monofill facilities. (#29) —A recent study from the Swedish government refutes the assumption that adding lime for pollution control,as Dakota County is proposing, helps the ash to set up and prohibits leaching in an ash monofill. The study concluded that toxic metals of greatest concern are highly leachable from incinerator ash and especially from ash created by scrubber-equipped facilities. The data show that ash is quite permiable to rainwater and subject to leaching over a long period of time. Also, nearly 10%of the lead in fly ash, and nearly 100%of the lead in acid gas scrubber residue is leachable in the long term. (#30) This implies that about 415,000 pounds of toxic lead could leach out from the 11 million pounds of lead to be captured in the ash and landfilled over the assumed 20-year life of the Dakota County incinerator. (#31) Response: Toxic ash to toxic roads? --Dr. Barry Commoner, internationally renowned scientist and expert in the management of waste,commented on Dakota County's plans to use incinerator ash for roads: "Incineration...entails some big unknowns such as handling the resultant ash, DCCAB Report: Incineration Myths: What the Experts Say Page 4 which is often toxic. Remember,dioxin is extraordinarily stable and toxic metals will last forever. Once accumulated in the incinerator ash,they'll exist essentially forever. But there's no way to isolate them forever. We're creating an enormous environmental problem...The notion that you can get rid of dioxin-and-heavy-metal-contaminated fly ash by paving roads with it. is, in my mind,foolish. You know, roads wear out. What you're doing is laying out very stable,toxic material on the road and then driving over it and pulverizing it and putting it into the air. I'll speak scientifically: It's stupid." (#32) —Attempts to use ash for roads can cause problems. The lime from the acid-gas scrubber systems can attack the cementatious material and may actually increase the toxicity of the ash. According to the Environmental Defense Fund, "Based on preliminary data,the consequences of applying such a method to ash may well be counter productive." (#9,p.11) —Newsday: When Philadelphia tried to ship its(incinerator)ash to Panama this year for use in roadbuilding...the EPA issued a report saying that the practice would pose a serious health threat. Panama refused to take the ash."(#4,p.30) Myth#4; Incineration reduces the volume of garbage by as much as 90%and thus extends the lives of landfills. Response: Incineration is not very effective at extending the lives of landfills compared with non-burn alternatives. —Dr. Neil Seidman: "It will take 3 years to maximize recycling in an intensive recycling program to avoid building an incinerator. You will be able to source separate 50-60%of the waste stream by weight. Adding mechanical separation and processing will abate another 10-20%with the primary product being paper fiber for recycling (not for refuse derived fuel). The remaining 20% by weight will be inert in a landfill and very dense--9 times as dense as garbage. This is better performance than incineration because the actual ash volume will be 20%that of compacted garbage, not the 10%you'll hear from the industry." (#33) --Two recent comprehensive studies found that a monofill used for ash residues takes up more space than simply landfilling un-burned garbage and many times more space than landfilling the non-toxic residues from recycling/composting facilities. This is due to the liners, leachate collection systems and multiple thick cell walls which are needed to contain toxic incinerator ash. (Source: #33 and interview with Dr. Seidman,3/5/90) --"Even more important than the quantity issue,is the concern about the difference in quality between the 2 residue streams going to a landfill. [Dakota]County's incineration option requires the perpetual monitoring and containment of 190 tons per day of ash which will very likely test as a hazardous waste and will definitely contain nearly 3/4 ton of toxic materials. In contrast, the non-burn alternatives will send a smaller amount of residue which will have undergone extensive efforts to remove problem materials and recyclables and will have been composted. This residue will be as dense as incinerator ash but will be inert in a sanitary or a construction debris landfill." (#31) Myth#5; Incineration recovers resources and is economical. Response: Incineration destroys resources. Recycling is economical,preserves resources,produces more jobs and is more flexible. —"Except for landfills,the most environmentally damaging way to get rid of garbage is to burn it,according to the Environmental Defense fund....Burning garbage is also the most expensive way to dispose of it, said Cynthia Pollock Shea,a senior researcher for the World Watch Institute." (#21) --Clean Water Action Project: "The value of the glass alone in one ton of garbage is more than the value of the BTU content of the rest of the ton." (#11, p.8) --"A pound of paper burned in an incinerator generates about 500 BTU's of steam, according to Donald Walter, (a director at the U.S. Energy Dept.). Recycling that pound conserves about 2000 BTU's in energy required to produce paper from virgin pulp." (#4,p.65) --Washington Toxics Coalition: "It should be noted that very little is gained by generating electricity (in an incinerator)for 2.44 cents per killowatt hour since the cost of installing all the electrical equipment is barely offset by the revenue from electricity sales." (#7,p.9) NSP has offered only 1.8-3.5 cents per killowatt hour to Dakota County. (#24) --Greenpeace: "Nationwide, costs for garbage handling run from$100 a ton for incineration and$90 a ton for landfilling,to$40 a ton to recycle." (#19) --Clean Water Action Project: "Recycling 10,000 tons of material is estimated to create 36 jobs, landfilling that amount creates 6 jobs and incinerating it creates less than 1 job." (#11, p.10) • • DCCAB Report: Incineration Myths: What the Experts Say Page 5 Myth#6; Waste reduction,recycling and composting are the top waste management priorities. Response: Literally true,according to the State's and Dakota County's solid waste master plans. However, Dakota County has targeted only 20%of the waste stream and less than 5%of the waste management budget to these "high priority"methods. Response: According to the Metropolitan Council of the Twin Cities, the burner is oversized. The County will have to import wastes for at least the first 7 years of operation to feed the incinerator efficiently.(#34) But this Met Council estimate grossly overestimates the actual amount of waste to be available within the County because ft ignores waste reduction efforts. With waste disposal costs tripling and environmental awareness mushrooming all over the country, people and businesses are responding by producing je,22 waste on a per-capita basis not more as the Met Council assumes. (#31) Myth#7; Incineration is a viable and proven technology. Trust the industry.. Response: Incineration is on the way out. The industry can't be trusted. --Wall Street Journal: "More than$3 billion in[incineration] projects have been scrapped in the past 18 months and new orders have slowed to a trickle." (#12) New York Times: "In the last two years, 31 incinerator projects...have been shelved."(#22) --Erik H. Erikson, consulting geologist: "All major West Coast cities have rejected incineration--San Diego, L.A., San Francisco, Portland, Seattle." (#13) --In spite of the dangerous characteristics of incinerator ash, Dakota County has contracted for ash disposal with a company, BFI, which is allegedly so corrupt that 5 grand juries are currently investigating it for illegal dumping of hazardous waste,price fixing, bribery and anti-trust violations. (#14) Myth#8; Incineration is the only viable alternative to landfilling and it is compatible with recycling. Response: Waste reduction/recycling/composting is a more effective alternative to landfilling and can completely replace the "need"for incineration(refer also to Myth#4). Non-burn alternative programs are generally designed to divert 75-85%of the waste stream. The DCCAB Plan for Dakota County outlines how a program of aggressive recycling can divert 75%of the County's waste for about 30%of the cost of incineration. (#36) Minnesotans want to recycle not incinerate. Incineration is incompatible with recycling. --Reduction/recycling composting programs in Oslo, Norway; Machida, Japan and Garching, West Germany process 50-70% of the entire waste stream. (#15) --"Japan recycles 50%of its garbage, a figure matched by several European nations." (#22) --A recent survey by the Institute for Local Self Reliance lists 13 communities (ranging in size from 5,000-500,000 population) which recycle/compost from 34-59%of their waste. (Source: ILSR, 1990) --Fillmore County, MN recycles and composts 60-80%of the garbage delivered to its central processing facility. (#5, Vol.43; #20) --A pilot project in E. Hampton, NY recycled and composted 84%of the waste in the project area. (#18) --Three in-depth analyses of potential markets for recyclable materials and compost discovered only opportunities, not barriers. (#16, 18 & 35) --In Akron, Ohio, a well-developed paper recycling program was scrapped by a city ordinance that reclassified all waste paper as "municipal", in cooperation with the local incinerator operator. (#15) --After less than a year in operation,the Blount, Inc. incinerator in Warren County, NJ is experiencing a serious shortfall of waste. (Blount is building the incinerator in Downtown Mpls.for Hennepin County, MN.) Excessive tipping fees at the plant forced area haulers to dump their loads as far away as Ohio. Blount sued the County for$1.8 million for non-delivery of trash. The County "forbade the recycling of newspapers because they needed them to feed the incinerator. So now we see 'intigrated waste management'in full flight. You will not allow recycling to take place at a maximum. You must run your incinerator at a maximum in order to pay back the enormous amount of money you borrowed to build the thing." (#25) "I 5 DCCAB Report: Incineration Myths: What the Experts Say Page 6 -Nine out of 10 Minnesotans favor mandatory recycling .while only 9%oppose it. 75%of Minnesotans believe that their communities should adopt recycling/composting instead of incineration/landfilling as their primary method of waste management. (#23) REFERENCES (Available upon request): (1) 'Report on the Trash Incineration Facility Proposed for Columbia County,Oregon"; Health Impact Review Panel; Columbia County,Ore.; February 10, 1988. (2) "Toxic Substances Control Commission,Policy Recommendation on Waste Incineration and Alternatives"; Toxic Substances Control Commission of the State of Michigan; September 17,1987. (3) Brown,Michael; The Toxic Cloud; Harper and Row,; New York,NY; 1987. (4) 'The Rush to Burn"; reprint from Newsday and New York Newsday; New York,NY; January 4,1988. (5) 'Work on Waste"; Volumes 1-94; Dr.Paul and Ellen Connett;New York,NY. (6) "Environmental Levels and Health Effects of Chloronated Dioxins and Furans'; Center for the Biology of Natural Systems; Queens College, City University of New York; New York,NY; May 28,1986. (7) Washington Toxics Coalition letter to Seattle Solid Waste Utility regarding comments on draft EIS for Seattle incinerator; Seattle,WA; June 28, 1988. (8) "Incinerator Company Gets Mixed Review"; Richard Chin;St Paul Pioneer Press Dispatch; St.Paul,MN; p.1; June 22, 1988. (9) "Risks of Municipal Solid Waste Incineration: An Environmental Perspective"; Dr.Richard Denison,et al.; Environmental Defense Fund; Washington D.C.; accepted for publication by the Oak Ridge National Laboratory; 1988. (10)Draft and Final Environmental Impact Statements for the Proposed Hennepin County Incinerator; Metropolitan Council of the Twin Cities; St.Paul,MN; 1985 8 1986. (11)"Fact Sheet on Municipal Waste Incineration"; Clean Water Action Project; Washington,DC; (not dated). (12)"Burning Issue, Energy From Garbage Loses Some Promise as Wave of the Future"• Wall Street Joumal; New York,NY; June 16,1988. (13)"Incineration: High Costs, Health Threats"; Erik H.Erikson; The Sookesman-Review/Sookane Chronical; Spokane,WA; p.A15; July 3, 1988. (14)"A Question of Character"; Peter Kotz; The Voice; St.Paul,MN; June 24, 1988. (15)"Recycling...the Answer to Our Garbage Problem"; Citizen's Clearinghouse for Hazardous Waste"; Washington D.C.; May, 1987. (16)"A Non-Incineration Solid Waste Management and Recycling Plan for the Town of N.Hempstead,NY"; Jan W.Allen,P.E.et al.; May 1988. (17)"Garbage Incineration and the Hennepin County Incinerator"; J.M.Orange; Hamline University Journal of Public Law and Policy; St.Paul, MN; July, 1988. (18)"Intensive Recycling Feasibility Study for the City of Buffalo"; Dr.Barry Commoner et al.; Center for.the Biology of Natural Systems; Queens College,City University of New York;New York,NY; April 15, 1988. (19)"Rising from the Ashes,Our Trash Shouldn't Burn"; Judy Christrup; Greenoeace Magazine; Washington,DC; May-June,1988. (20) Interview with Norman Craig,solid waste planner for Fillmore County(10/5/88). (21) "Minnesota Top Garbage Burner,Raises Pollution Concern"; C.Laszewski; St Paul Pioneer Press Dispatch: St.Paul,MN;November 20, 1988. (22) "Curbside Pickup and Sludge Forests: Some Cities Make Recycling Work"; T.Egan;The New York Times: New York,NY; October 24, 1988. (23) 1988 Minnesota State Survey;published by the University of Minnesota Center For Urban and Regional Affairs;Feb.20, 1989. (24) "1.8 Cent KWH Offer Steams Trash Plant"; Charles Laszewski;$t.Paul Pioneer Press Disoatch;December 9, 1989. (25) Dr. Paul Connett;presentation at Citizen's Environmental Conference;Minneapolis,MN;February 12, 1989. (26) 'Dioxin Update: A Report From Germany,The Fifth International Symposium on Dioxin;Bayreuth,West Germany";Dr.Paul Connett;New York;February, 1986. (27) San Gabriel Valley Tribune; p.A-9;July 16, 1989. (28) "Environmental Implications of Incineration of Municipal Solid Waste and Ash Disposal';The Science of the Total Environment;Dr.D.Lisk; 1988. • (29) 'Pitfalls and Promise of Resource Recovery in Union County,New Jersey";Dr.Brenda A.Platt et al.;Institute for Local Self Reliance; Washington D.C.;p 54;1989. (30) 'Residues From Waste Incineration: Chemical and Physical Properties";Swedish Geotechnical Institute;Report#172;6/86. (31) "Citizens'Report on the Draft Environmental Impact Statement for the Proposed Dakota County Municipal Solid Waste Incinerator";Michael Orange;St Paul,MN;2/5/90. (32) "Commoner disagrees with County"•The Voice;St.Paul,MN;November, 1989. (33) Speech by Dr. Neil Seidman;Winona,MN;6/6/89. (34) Draft Environmental Impact Statement for the Proposed Dakota County Municipal Solid Waste Incinerator;Table 7-4;Metropolitan Council of the Twin Cities;January, 1990. (35) "Programmatic Final Environmental Impact Statement,Solid Waste Management Alternatives";Prepared for King County,Seattle,WA by Parametrix,Inc.;Bellevue,WA;September 1988. (36) "Plan to Replace'Need'for a Garbage Incinerator in Dakota County";Michael Orange and Terry Guggenbuehl;St.Paul,MN;10/28/88. For More Information or Documentation,Write: DCCAB c/o 1211 Bidwell St.,W.St.Paul,MN,55118;or call: 612-432-4894 or 612-454-7112 Agenda Information Memo April 2, 1991 City Council Meeting CONDITIONAL USE PERMIT/R. L. JOHNSON INVESTMENT CO. C. Conditional Use Permit, R. L Johnson Investment Co., Inc., to Allow Outside Storage in a LI (Light Industrial) District and a Special Permit for a Fence in Excess of 6 Feet Tall on Lot 1, Block 1, R. L. Johnson 2nd Addition Located Along Yankee Doodle Road and Yankee Doodle Drive in the Southeast Quarter of Section 8 and the Northeast Quarter of Section 17--This item was continued at the applicant's request from the March 19, 1991 Council agenda to the April 2, 1991 Council agenda due to an emergency. At its February 26, 1991 meeting, the Advisory Planning Commission considered the above-referenced conditional use permit. For additional information in this regard, please refer to the C unity Development Department staff report which is enclosel on ageshrough or your review. Also enclosed on pages p3 through are the Advisory Planning Commission minutes in this regard. The APC is recommending denial of the conditional use permit based on the findings reflected in the minutes. As a consequence of the recommendattio f denial, ction was taken on the special permit for the fence. Enclosed on pages SS through is a copy of a letter from the City Attorney's office regarding this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the conditional use permit to allow outdoor storage and a special use permit for a fence in excess of 6 feet for R. L. Johnson Co. as presented. 7 6 Agenda Information Memo April 2, 1991 City Council Meeting SENECA PLANT DEVELOPMENT AGREEMENT B. Consideration of Seneca Plant Development Agreement-Proposed Revision of Schedule Regarding Incinerator Odor Control Improvements--The MWCC has proposed a revision to a completion schedule for the installation of odor control equipment to the Seneca Plant Expansion Project. After receiving public testimony at the March 5, 1991 City Council meeting, direction was given to the City Attorney to review the Seneca Plant Development g T� tY Y P Agreement and present options to the City Council for further consideration regarding options to the City in response to a revision of the schedule in which incineration odor control improvements are completed. The development agreement states that improvements will be completed this fall and if the MWCC revises its construction plans and provides a different type of incinerator odor control installation the improvement will not be completed until the fall of 1992/winter of 1993,a concern to the neighborhood and business community adjacent to the Seneca Plant. The City Attorney has completed his findings and will present options at the City Council meeting on Tuesday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a revision with or without conditions to the Seneca Plant Agreement allowing a certain change in the incinerator control improvements as proposed. 7 SUBJECT: CONDITIONAL USE PERMIT APPLICANT: R. L JOHNSON INVESTMENT CO LOCATION: LOT 1,BLOCK 1, R.L JOHNSON 2ND ADDITION EXISTING ZONING: Li (LIGHT INDUSTRIAL) DATE OF PUBLIC HEARING: DECEMBER 20, 1990 DATE OF REPORT: DECEMBER 11, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT • APPLICATION SUMMARY: An application has been submitted by R. L Johnson Investment Company requesting a Conditional Use Permit to allow outdoor storage of motor vehicles on Lot 1, Block 1, R. L Johnson 2nd Addition. BACKGROUND: R.L Johnson Investment Company has leased a portion of the office building, Yankee Place, to the United States Army. R. L Johnson claims that a portion of their Lease Agreement called for a secured outdoor storage area for motorized vehicles. Last fall, an approximately 8' tall fence was erected. The applicant was made aware that a Conditional Use Permit is necessary. Since the Conditional Use Permit application was not submitted by R.L. Johnson, the City was forced to issue a citation for the violation of the Zoning Code. The litigation process has begun and the applicant is requesting a jury trial. COMMENTS: The 78' x 175' (13,650 sq. ft.) fenced in area is located on the northwest corner of the site near the intersection of Yankee Doodle Road and Yankee Drive in the existing parking lot. The erection of the fence removed 48 parking spaces from the overall parking lot. City Code allows a maximum height of 6' in this district. The fence closes off the 24' wide drive aisle in the northwest corner of the site, thus not allowing traffic to flow in the manner approved with the original building plan submission. Throughout this process, staff has suggested other locations within this site for the outdoor storage area and they have been unacceptable to the applicant. Staff was, and is, concerned with the visual appearance of the outdoor storage area in such a visible location, as well as impaired internal vehicular circulation. If approved, this Conditional Use Permit shall be subject to: 1. The fence shall have a maximum 6' height unless a Special Permit is granted by the City Council. •.7 4.•• e7 —-• • -r• L � �,%SE s` • sL� -Ew . tNK 1 Ls � V.' e ES4A, STREET MAP �Q `..""•1 ww 7../ k r 9r UNE r / WiQ l s vewr 34..47 ,'fw I 1 E 1 . , .A •- r,,,.7',,,,I,„,,,- ,' - ‘401111t.411111 'el — • 'a' 11z. EN'S -y 4, _yam ,:. r �,• • ZONING MAP s: L ,�.` . •t,,- #4, AZ k 'ILI t i'..1i.. - • .`?+ t( ".''.' _Lei I' - 4, 41'4, ' .;'' _ _ - •a!- , COMP GUIDE PLAN MAP In ,r. D-II P. dm . ..j D-III •; 'i:;;. ,•.'� • . •lj4 1 Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES December 20, 1990 CONDITIONAL USE PERMIT — R. L. JOHNSON INVESTMENT COMPANY, INC. Chairman Graves opened the last public hearing for the evening regarding a conditional use permit to allow outdoor storage in an LI (Light Industrial) district and a special permit for a fence in excess of six feet tall on Lot 1, Block 1, R.L. Johnson 2nd Addition, located along Yankee Doodle Road and Yankee Drive in the southeast • quarter of Section 8 and the northeast quarter of Section 17. City Planner Jim Sturm presented an application summary and background of the issue from the staff report. Mr. Sturm explained that R. L. Johnson had been cited by the City for its lack of a conditional use permit for outdoor storage as well as the fence height in excess of 6 feet. Dave Constable, the applicant representing R. L. Johnson, stated that the application was for a secured parking area and not outdoor storage . He felt that the location of the fence still allowed for sufficient traffic flow. He stated that the applicant had received building permits based on plans which showed the fence in its present position and that a certificate of occupancy had been granted after construction of the fence. He further referenced that the City Zoning Ordinance allowed an armory use in this area. He concluded that Jim Sturm had been very easy to work with but that they disagreed on this conditional use issue. Com issionmember Merkley asked for clarification on exactly what types of permits had been approved. Mr. Constable stated that the building permits had been approved. There was additional discussion about whether or not the driving lane between the fence and the building met Code width requirements. City Planner Sturm stated that it was approximately 10 feet in width. Mr. Constable stated that the plans showed a width of 24 feet as required by the Code. Commissionmember Trygg asked what exactly was being stored or parked in this fenced area. Mr. Constable explained that army vehicles were being stored. Commissionmember Merkley asked if the applicant had looked into the possibilities of relocating the storage to a different area. Mr. Constable stated that it would be too expensive to move the fence and that the alternate location would be visible to the Blue Cross executive offices. Member Merkley felt that the applicant must prove that the driving isle met the Code requirements of 24 feet in width. Member Miller stated that the width was not 24 feet and was probably between 15 to 18 feet. He felt as a practical matter not much traffic would go through there. Member Merkley stated that a 24 foot space was needed for safety. Page 8/EAGAN CfTY COUNCIL MINUTES January 3, 1991 CONDmONAL USE PERMiT/R.L JOHNSON INVESTMENT CO., INC OUTDOOR STORAGE/FENCE iN EXCESS OF SEX FEET Mayor Egan introduced this hem as a oondrional use permit for R. L Johnson Investment Co.,Inc., to allow outdoor storage in an U (Light industrial) district and a special permit for a fence in excess of six feet tall on Lot 1,Block 1, R.L Johnson 2nd Addition,boated along Yankee Doodle Road and Yankee Drive in the SE 1/4 of Section 8 and the NE 1/4 of Section 17. Cry Administrator Hedges said this kern had been before the Advisory Planning Commission at their December 20 meeting and they had recommended denial. Director of Community Development Rundde said this kern had been discussed a number of times with the remodeling and rental of the facCity to the Army Reserve. He said the applicant had fenced a portion of the she without permit which the City has interpreted as an outside storage area. Mr. Runkle said star had worked with R.L Johnson Investment to work out a solution and find a location more suitable; however, no resolution had been reached. Mr. Runkle said at that point the applicant had submitted a condriona' use permit application and the Advisory Planning Commission had recommended denial at this location. He said the APC had expressed concerns regarding inadequate distance between the fence and the building to allow the appropriate drive aisles. Mr. Runkle said that under the present configuration,there is only a 13 fool drive aisle along the west side of the building. Mr. David Constable,the star architect for R.L Johnson investment Company,said they had made application for a conditional use permit because this Iodation k in an area of industrial development and outdoor storage is acceptable in those areas. He said no equipment other than vehicles are stored in the fenced area and it is only a secured parking area which their major tenant, the Army Reserve, requires as a pan of their tenancy. Mr. Constable said that R.L Johnson had made application for this area with appropriate drawings and specifications and all had been stamped and approved by the City's Building inspections Department. Because the area in question was Included with these drawing, he said his company had taken those approvals to mean they were allowed to build t. He said the Army Reserve's renta' of the facility was conditioned on getting appropriate approvals and they were of the opinion they had received approval and a certificate of occupancy. Mr. Constable said they had not done anything improper. Mr. Constable then made the point that Ctry Planner Sturm had suggested the possibility of moving the fence to the side of the building where other Industrial users are located. Mr. Constable questioned whether this was Justified for one side versus another considering the reasons the Advisory Planning Commission had given for denying the application. He said the Planning Commission listed two kerns of concern and they were: compatibility with the neighborhood and safety. In answer, Mr. Constable said the building was originally approved with its present Layout and the drive aisle around the building is 24 feet in al' places. Community Development Director Runkle said the area to the west side of the building has 18 fool parking stalls and a 13 foot drive aisle. City Administrator Hedges said for clarification regarding Mr. Constable's statement and the need to find another location, complaints had been received from two corporations in the area regarding the fence. Mr. Hedges said that Cry Planner Sturm had brought the need for a conditional use permit to R.L Johnson's attention strictly to advise them they were in violation of the ordinance and not to negotiate a new location. Mayor Egan said he understood that the entire R.L Johnson complex was subject to architectural approve' from the new owners of the Comsery building. Mayor Egan asked Mr. Constable If they had receiver that approval. Mr. Constable said they had received approval when they submitted plans for the entire building, however, he said there was no approval requirement for the fence and they had not subrnhed tt for such approval. 0 Mr. Constable asked whether a 6 foot fence would be more acceptable at this location. Mayor Egan said the hem before the Couna was one fora conditional use permit for outside storage and not a variance to the 6 foot fence height requirement Mr. Constable said his conditional use permit was changed because he had originally requested secured outdoor parking and not outside storage. Mayor Egan said he strongly encouraged the applicant to work wtth staff In an attempt to resolved the Issue. Mayor Egan asked the Counct wishes as to whether to continue the Item In order for staff to work with the applicant or to deny this conditional use permit and have the applicant reapply at a more appropriate location. Councftmernber Pawienty said M there was not adequate ingress and egress to the site, the application was unacceptable, however,there may be ether locations where the safety concerns could be addressed. McCrea moved, Wachter seconded a motion to deny a Conditional use permit for R.L Johnson Investment Co., Inc. to allow outdoor storage and a special permit for a fence in excess of 6 feet tall as presented and that the City Attorney be directed to prepare a Findings of Fact. Aye: 5 Nay. 0 Page 14/EAGAN CITY COUNCIL)VCNUTFS January 15, 1991 CONDITIONAL USE PERMIT FOR OUTSIDE STORAGE RL JOHNSON LN'VFSTMENT COMPANY INC. Mayor Fpr introduced this item as reconsideration of ILL Johnson Investment Company Inc.'s Conditional Use Permit for outside storage. Gustafson moved,Wachter seconded, a motion to refer the application for a Conditional Use Permit for outside storage for R.L Johnson Investment Company Inc to the Advisory Pkaning Commission for review. Aye: 5 Nay. 0 7 I ..... . 4 . Will be served adequately by essential public facilities and services , including streets, police and fire protection, drainage systems structures, disposal,dis osal water a nd sewer Y stems and schools. 5 . Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive P roduction of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7 . Will not result in the destruction, loss or damage of a natural , scenic or historic feature of major importance. (D) Conditions : In reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the City Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. (E) Denial for Noncompliance: If the Planning Commission recommends denial of a conditional use permit or the Council orders such denial , it shall include in its recommendation or determination findings as to the manner in which the proposed use does not comply with the standards required by this Section. (F) Permittee: A conditional use permit shall be issued for a particular use and not for a particular person. (G) Periodic Review, Term of Permit: A periodic review of the use may be attached as a condition of approval of a conditional use permit. Unless otherwise stipulated, the term shall be the life of the use. (H) Revocation: Failure to comply with any condition set forth in a conditional use permit, or any other violation of City Ordinances, shall also constitute sufficient cause for the termination of the conditional use permit by the City Council following a public hearing. Page 10/EAGAN ADVISORY PLANNING COMMISSION MINUTES FEBRUARY 26, 1991 The on-site well shall be abandoned per County regal- - one. 7. - 11 signage shall meet Sign Code regulations and - responsib - for the one-time sign fee of $2.50 per sq. f • . 8. One •door parking stall shall be included th the rent. 9. Snow fen• ' ng shall be installed around 1 trees to be saved prior to issuance o - grading permit. 10. The developme is required to up- -de the existing frontage road adjacent to the sit- in accordance h ) DoT requirements and City Standards, and to come with staf recommendations regarding the sight distances on Highw- 55 fro, the access road. 11 . City Code requires inte • entrance roadways to be a minimum 30' back-of-curb to bac • -curb. 12 . The development is quired -• submit details relative to sprinkler system specifica ons for re -w by staff to ensure adequate fire protection. 13 . Additional h •rants shall be added - ong the emergency vehicle access road- for improved fire protec 'on. 14 . The fi plat shall dedicate a drainage -nd utility easement over - -nd GP-2 up the MWL of the pond. 15. T storm sewer line on the frontage road sha be upgraded to curre City Standards from the NWL of Pond GP-2 to t - west plat line. . . Parking lot shall conform to City Standards. All voted in favor excepted Gorman who abstained. CONDITIONAL USE PERMIT - A.L. JOHNSON INVESTMENT CO. , INC. Chairman Graves opened the next public hearing for the evening regarding a conditional use permit to allow outdoor storage in a LI district and a special permit for a fence in excess of 6 feet tall on Lot 1, Block 1, R.L. Johnson 2nd Addition located along Yankee Doodle Road and Yankee Doodle Drive in the SE 1/4 of Section 8 and NE 1.4 of Section 17 . Page 11/EAGAN ADVISORY PLANNING COMMISSION MINUTES FEBRUARY 26, 1991 City Planner Jim Sturm presented the background of this application. David Constable, a representative of the applicant, stated that there were other fences in the area and he felt that he was being discriminated against. The fence they built is the best looking in the area. Chairman Graves felt that the fence was not compatible to the building. Mr. Constable stated that it did not have to be compatible. Member Merkley stated that the fence was an eye-sore. Member Trygg remarked that if Mr. Constable had gone through the proper procedures, he would not have to go through the expense of moving the fence. She felt that the commission members were now limited in what they could do. Mr. Constable stated that they tried to go by the rules. Chairman Graves felt that the problems that were previously discussed are still present. As an example, when he drove by the property he saw snow pushed up against the fence, limiting the width of the travel lane around the building. Staehli moved, Gorman seconded, motion to deny the Conditional Use Permit to allow outdoor storage of motor vehicles on Lot 1, Block 1, R.L. Johnson 2nd Addition based on the following: 1 . The use would be detrimental to or endanger the public health, safety and welfare of the neighborhood of the City. 2 . The use would not be harmonious with City Code provisions. 3 . The use was not compatible in appearance with the existing or intended character of the general vicinity. 4 . The use would create vehicular ingress and egress congestion. 5 . The use is incompatible with the mirror-image plan. All voted in favor. r SETTING TEE DATE OP NEXT ADVISOR • : •- a Chairman Graves • •- - = - - • blic meeting of the evening regarding the - of the next Advisory - - - •• meeting. 4 • • SEVERSON,WILCOX& SHELDON, P.A. A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW LARRY S.SEVERSON• JAMES F SHELDON KENNETH D R JOHNSTON J. PATRICK WILCOX* 600 MIDWAY NATIONAL BANK BUILDING "'SOOTT D. ?,EARL Y MICHAEL G. DOUGHERTY 7300 WEST 147TH STREET JOSEPH P.EARLEY MICHAEL E. MOLENDA" APPLE VALLEY, MINNESOTA 65124 WREN M.SOLFEST (612) 432.3136 CHRISTINE M. SCOTILLO ILLO ANNETTE M. MARGARIT TELEFAX NUMBER 432-3780 DANIEL M. SHERIDAN ALSO LICENSED IN IOWA "ALSO LICENSED IN WISCONSIN OFCOLRLICH ...ALSO LICENSED IN NEBRASKA JOHN E �'LIKEICH March 13 , 1991 Mr. Tom Hedges City Administrator Eagan City Hall 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: City of Eagan v. David Constable, R.L. Johnson Investment Company, Inc. Court File No. T8-90-68704 & TX-90-68705 Dear Tom: This letter summarizes the status of the above-referenced matter. On June 15, 1990, Shannon Tyree, Zoning Administrator, with assistance from Joe Earley of our office, issued citations to David Constable/R.L. Johnson Investment Company, Inc. (R.L. Johnson) for (1) violation of Eagan Code Section 11. 10 Subd. 20.C, which prohibits a fence over six feet high and (2) violation of Eagan Code Section 11.20 Subd. 16C. 5, allowing open storage without a conditional use permit. This matter was scheduled for jury trial on March 11, 1990. While in Judge Hopper's chambers before trial was to begin on March 11, defendants' attorney, Mr. Gary Persian., indicated that a formal complaint had been issued in this case. According to Mr. Persian, his client, while making his first court appearance, had requested a formal complaint. Defendants in criminal actions often ask for a formal complaint to make the prosecution flesh out the facts supporting a citation that has been issued. It appears that the court clerks, seeing "City of Eagan" as the municipality in which the offense occurred, sent defendants' request for a formal complaint to the office of Grannis, Grannis, Hauge, Eide, Anderson & Keller. A formal complaint drafted by Kevin Eide, of that law firm, is in the court file. Not having received the request for a formal complaint, nor having received a copy, we did not know a formal complaint existed until the morning of trial. Page 3 March 13 , 1991 Letter to T. Hedges We will pursue criminal proceedings in this case unless you advise otherwise. We would like the opportunity to sit down with you and the Department heads to determine how you would like future zoning violations prosecuted. Please do not hesitate to contact me if you have any questions or concerns. Very truly yours, SEVERSON, WILCOX & SHELDON, P.A. e A614-11.— Annette M. Margarit Eagan Assistant City Attorney AMM:kad cc: Dale Runkle Jim Sturm Shannon Tyree Jim Sheldon Agenda Information Memo April 2, 1991, City Council Meeting <: SS STOP SIGN PETITION. SAFARI PASS Cud SAFARI TRAIL A. Consider Stop Sign Petition, Safari Pa @ Safari Trail--On September 10, 1990, staff received a petition enclosed on pages M; through V requesting the City to install stop signs on Safari Pass at its intersection wi . Safari Trail. As a result of that petition, the Engineering Division has performed a standard study associated with these requests. Enclosed on pages q0 through q4 is a copy of that study. Due to the fact that this location did not mee any of the warrants identified in the Manual On Uniform Traffic Control Devices at this location, staff does not have the authority to order the installation of these stop signs'without formal Cosaciyaction. A copy of this report has been sent to the lead petitioner, enclosed on page informing them of staff's recommendation and required Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and approve/deny the installation of stop signs on Safari Pass at Safari Trail. F7 O August 31 , 1990 Tom Hedges City Administrator City of Eagan Mr. Hedges: The intersection of Safari Trail and Safari Pass in Eagan presents a hazardous/dangerous situation to the many small children in our neighborhood. While there are stop signs in both directions on Safari Trail , there are none at this intersection on Safari Pass. Just west of the intersection on Safari Pass is a long and steep hill , contributing to a speeding problem on this street, which also receives much heavier traffic than Safari Trail . This intersection also serves as a bus stop for kindergarten and primary school children and is located in and near relatively new neighborhoods with a growing population of small children. By virtue of this letter, we request you place stop signs at this intersection on Safari Pass before any accidents occur. Sincerely, Residents of Safar Estates neighborhood (See Attached) Please respond to: Brian J. Berceau, 1947 Safari Trail , Eagan, MN 55122 � U us / ,uA d '.nr rc" / NAME ADDRESS 7-,i_.44-t- / PrWE.2T/E5 •SEccw 1 5�5 57 ,C cJ� nv-cl �- R e�ec cif cjMI.'S /9,5? S g 'al: /raJ( Fti-G-1,j MA,) ) L/O c 2 , ( 7 7 _ _p' L/1 6 / c 5A/r 1-5r. 4/ L.4 . At l3 6Z / NV - • / /'� (�Q ' /(.//� — _.,/?ii o 64-x'721/-C- 7& — c E (t,I.T - L IAA L f &o� l --- .ii •"iuv l�I,/_ itA/tr17iA1%/./• t rid 1r• ES- �_ OP , , 3o Sc.,--coi, -r?. . - , L 2,3 c <= E Z. (,, i2J o (2./A,X-49--/_/7. /9a 9 afr—t 1/1, /ii/- ./eZ L /1 e 2 1 // i sT + q 7371,' /94/,?--CA/44 7er- ...? 11,T/ 5.--5-- -. ti �fF L.S.-- l):-tJCC-.._ 6A6C-CC (Lc A S (t• Cll. g?-C M1\-). 5 Y(Z.z. r ; i 7 J.) t ` Lld ?g cc/ i 654 4-, 7 /1 'S J L L L J / 3 94(A..„,ip , ,,,/),,,;,4..d.„..g„c,pow.' ift,44c.: lif . -5 -4.‘-i-- 4f..(- ,„: -/-- -1- (0.70-c-- 7-7-75-- --1-‘7. l'A/C e-17 1 C 64T- - 5-4:;111r 4- i 7---) tr---- ---- `. c 7€ 'i, r / -.J 9- 7t- 717 - 75 A G - 1 7 , Qt, tciAl : ,At13 418bZ P , Ca . , .... ,.;_2 (. .� , . .."' I . • .'11111 l r 'u� ' J ti lk • I k / 1 • 1 MEMO TO: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS FROM: MICHAEL P FOERTSCH, ASSISTANT CITY ENGINEER DATE: MARCH 28, 1991 SUBJECT: STOP SIGN PETITION - SAFARI PASS/SAFARI TRAIL INTERSECTION Request: Installation of stop signs on Safari Pass @ Safari Trail. Analysis: Attached for your information is Engineering staff's analysis ' of the above-referenced intersection, the petition submitted by the area residents, site area maps noting petitioners and the site map noting the traffic volumes. In summary, there are no accidents of record. Of the 152 vehicles observed at three different times during a particular day, 57 vehicles exceeded the 30 MPH speed limit, with the highest speed recorded at 38 MPH. Sufficient site distance exists at all legs of the Safari Pass/Safari Trail intersection. The existing stop condition of east/west Safari Trail is warranted in accordance with the criteria identified in the Minnesota Manual On Uniform Traffic Control Devices. Recommendation: Deny request for installation of stop signs on Safari Pass at Safari Trail . Denial recommendation is based on the criteria identified in the Minnesota Manual On Uniform Traffic Control Devices with respect to warrants relating to a four-way stop condition at an intersection. If you have any questions or need additional information, please advise. Assistan City Ejineer MPF/jj Attachment 61 U MEMO TO: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS FROM: STAN LEXVOLD, SR. ENG. TECHNICIAN DATE: FEBRUARY 21, 1991 SUBJECT: STOP SIGN PETITION INSTALL STOP SIGNS ON SAFARI PASS AT SAFARI TRAIL (STOP SIGNS ARE PRESENTLY LOCATED ON SAFARI TRAIL AT SAFARI PASS) Attached for Council consideration is a stop sign petition received from 13 property owners requesting the installation of stop signs on Safari Pass at Safari Trail. Existing stop signs are located on Safari Trail at Safari Pass. Also, attached is a map showing the petitioning property owners in relation to the above-referenced intersection. In response to this petition the following issues were investigated to determine if the petitioned stop signs are warranted in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) criteria: 1. An accident analysis was performed resulting in no record of any accidents occurring at this intersection. 2 . A speed study was performed during the mid-afternoon of October 2, 1990, the morning of October 3 , 1990 between the hours of 7 : 15 - 8: 00 a.m. and the mid-afternoon of October 3 , 1990. Results of the speed survey indicate that of the 47 vehicles observed at 3 different times on two different days, 35 vehicles exceeded the 30 MPH speed limit with the highest speed recorded at 43 MPH. A second speed study was performed on January 23 , 1991 during the hours of 7: 00 - 8 : 30 a.m. , 12 : 00 - 1: 00 p.m. and 3 : 30 - 5:45 p.m. Results of the speed survey indicate that of the 152 vehicles observed at 3 different times of that day, 57 vehicles exceeded the 30 MPH speed limit with the highest speed recorded at 38 MPH. 3 . On December 12, 1990, traffic counts were taken for the above-referenced intersection indicating that the majority of traffic is either north or south bound along Safari Pass. Traffic counts indicate a volume of 557 vehicles in a 24 hour period on Safari Pass north of Safari Trail, a total of 532 vehicles during a 24 hour period on Safari Pass south of Safari Trail. Traffic counts taken on Safari Trail indicate a volume of 85 vehicles in a 24 hour period east of Safari Pass and a total of 107 vehicles during a 24 hour period west of SAfari Pass. These traffic volumes indicate that Safari Pass is the major street at this intersection. 9 Page Two February 21, 1991 4 . A visual inspection of the above-referenced intersection was performed to determine the extent of' the clear sight distance. The results of the analysis showed a sight distance of 450 ' along Safari Pass south of Safari Trail and a sight distance of 390 ' along Safari Pass north of Safari Trail. If you need additional information, please advise. Thank You. L.--/v ' / 7,</-/- d" Stan Lexvold cc: Michael P. Foertsch, Assistant City Engineer SL/j f Cie PI' . 1 • 4,7C1► t 9 —`• —4•114 ,.• 2 .4. ,g•A, •%.":'''.....'.....".".•%.: * *ft.**.7',.„.:.: '.."4,..4e, Nft, 48\ /• - ` /� I *1 ! It ft-a. _ • At aj 4, V. bS /; A i i �� l+ a r • t a.r. •o t f e- - .dew 0 0,____ . ve 4 ra .:. , ' � / i ap p t b -O • L - Ir,„,_ . .4,:-" s '...it%;,6" k w, - _,... .-„,- •i• of:. • :••-t........... ...•,....; ..?* ':.Vir- . uk4.1.‘":4" I f:...,k ........ .. 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Q • e Q: 11 car A= 85 CARS (24 HOUR COUNT) !_•1 8=532 CARS (24 HOUR COUNT) ;. C=107 CARS (24 HOUR COUNT) 1/40-. i9i • D=557 CARS (24 HOUR COUNT) / //a C «� A 1 "IC city of acigan 3830 PILO1 KNOB POAD THOMAS EGAN EAGAN, MINNESO1A 55122 1897 Mayor PHONE (612;451 6100 DAVID K GUSTAFSON FAX (619)454 B3rn3 PAMELA NMCPEA TIM PAWLEIJIY THEODORE WACHIEP March 25, 1991 Carr''Mwm■-rrs THOMAS HEDGES City Adminictrat or EUGENE VAN O✓EPRFKE MR BRIAN J BERCEAU • cry(1.0, 1947 SAFARI TR EAGAN MN 55122 Re: Stop Sign Petition Intersection of Safari Trail/Safari Pass Dear Mr. Berceau: The City has completed its analysis of the above-referenced stop sign installation request. In the analysis of all stop sign installation requests , the City analyzes four warrant criteria as identified in the Minnesota Manual On Uniform Traffic Control Devices to determine if a stop sign installation at a residential street intersection within the City is justified. The four identified criteria are as follows: 1 . Accident Analysis 2 . Speed Study 3 . Traffic Counts 4. Site Distance In review of these four criteria, a stop sign installation on Safari Pass at its intersection with Safari Trail is not justified. As a result, City staff will be recommending to the City Council that Safari Pass remain as the through- traffic movement without introducing a stop condition, and that Safari Trail remain as the stop condition at its intersection with Safari Pass. For your information, this item has been scheduled for discussion at the April 2, 1991, regularly scheduled City Council meeting. The Council meeting begins at 7 :00 p.m. You are welcome to address your concerns directly to the City Council at that time if you so desire. If you have any questions or need additional information, please do not hesitate to contact me. Since ely, ) cc: Tom Colbert, Director of Public Works i Pat Geagan, Chief of Police �f /]] �—�- Tom Hedges, City Administrator Michael P. Foertsch, P.E./L.S. Assistant City Engineer MFF/j j THE LONE OAK TREE..THE SYMBOL OF SIRE GTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer Agenda Information Memo April 2, 1991 City Council Meeting STOP SIGN PETITION DIAMOND DRIVE/SAPPHIRE LANE B. Consider Stop Sign Petition, Diamond Drive at Sapphire Lane--On November 14, 1990, staff received the Petition enclosed on page 1 requesting the City to install a stop sign for southbound Diamond Drive at Sapphire Lane. As a result of that Petition, the Engineering Departme has perfoTlellithe standard study associated with these requests. Enclosed on pages rif through wy is a copy of the staffs analysis of the intersection. Due to the fact that this location does not meet any of the warrants identified in the Minnesota Manual on Uniform Traffic Control Devices and the installation of the stop sign on Diamond Drive would violate specific language pertaining to 'T' intersections in the Minnesota State Statutes, staff does not have the authority to order the installation of a stop sign at this location. A copy of this information has been sent to the lead petitioner enclosed on page IQ( informing them of staffs recommendation and the required Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the Petition and approve/deny the installation of a stop sign on Diamond Drive at Sapphire Lane. • 9 (00 I , -� ..Aix Aix Ube. uri IL. P r-n..... ._ . -..• Date Received '`' '' - ;i To Council V = ) Approved "K' • PETITION STOP SIGN I/We, the undersigned hereby petition the City Council of the City of Eagan to install stop signs on at the intersection with I,'We, request this installation for the following reasons: 1. Traveled School Bus riute 2. Negotiating a left turn from Sapphire North on Diamond Dr. croszing the ri_ht hjni lane on Diamond Dr. traffic heading south to make my turn to the right hand lane to the north is a potential hazard. 3• There is a down hill incline on Diamond Dr. at this point and a. blinding approach to Sapphire cars come over the crest cf this hillside as though it tie a through street with no regards to the left hand turn from Sapphire. • I had an school bus accidsnt at this point on September lBt of this year and yi;h the winter coming on and the icy conditions it will prove a much Jden;gercus peril at this location. I/We request that the City Council take this petition request under consideration at its earliest opportunity and that we be informed as to when it is scheduled so that we may appear in person if we so choose. NAME (Please print and initial) ADDRESS �'` , 1. .�^ , , n f-- ';---k zl<\ (�-a"\) i--- �� • 1 0 I S ► _ ( • ir (" Pe0 2. / L ,' /..,-A-3 Z.: - /,. /c-7.j/. /1/C(ca -0.3 ,. ,e t J's . ,la JAM 3. � '1r Mc fv LL� ZI4L Sr.'roh„.. 1..A�e � • 'f1ti� u. CAE c 1/1 c (� ct 11./ 2 1 tit- S,�1A, c /.‘�.,c l=r:e/�cn AAAl 5. ,_ O Ui . i.). i a t ()o ) (I/ 36- 0 r ‘�ctit' Or � Cat ��I, r 6. , , ' j1 I��. . � JL�- �r (G) 1_!` `'! s�^ U - - ' Off. C�1c ,t/ � � J 7. K ,c,^-� E l C, �n r EC `1/ 3� Y�;<afr.,0, , c/ �. 8. �� N (1A &e7 Yiy4 ith ai te, re,. ,,,,z,, 10. 1---- ...\r ry C n(1/ ' 1-11,-6 ki7cL-1015 /- c/t Fc. r- Gf 7 • MEMO TO: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS FROM: MICHAEL P. FOERTSCH, ASSISTANT CITY ENGINEER DATE: MARCH 29, 1991 SUBJECT: STOP SIGN PETITION, DIAMOND DRIVE AT SAPPHIRE LANE REQUEST Stop southbound Diamond Drive at Sapphire Lane. ANALYSIS Attached for your information is Engineering staff's analysis of the above-referenced Petition for stop sign installation on Diamond Drive at Sapphire Lane submitted by the area residents, site area map showing petitioner's relationship to the above-referenced intersection, site area map showing relative ADT's for the roadways, site area map showing intersection geometry and an area map showing the existing traffic control. In summary, there was one reported accident of record at this intersection. A speed study analysis performed on four different days surveyed the travelling speeds of approximately 136 vehicles. Of the 136 vehicles observed, only four vehicles exceeded the posted 30 MPH speed limit with the highest speed recorded at 34 MPH. Visual traffic counts were taken on three different days at two different time periods during the day to determine a general traffic pattern for the area. The counts revealed a relatively equal volume of traffic on Sapphire Lane and Emerald Lane. The results also reveal that Diamond Drive south of Emerald Lane has approximately twice the volume of traffic as Diamond Drive does north of Sapphire Lane. With respect to clear sight distance, there is insufficient sight distance on Diamond Drive north of Sapphire Lane as well as north of Emerald Lane. The existing intersection geometry represents basically two 'T' type intersections which intersect one another without adequate offset distance. The 'T' intersections of Sapphire Lane and Emerald Lane clearly present a confusing situation to the users of the roadways. In approaching the two intersections from all directions, the assignment of right-of-way to • the motorist is confusing at best. Minnesota State Statute clearly defines right-of-way assignment in the 'T' intersection geometry. The single leg of the 'T' intersection yields to the through movement created by the intersecting roadways. In this case, clearly a stop condition on Sapphire Lane and Emerald Lane would reinforce the statute, but does not alleviate the concern created by the existing limited sight distances on Diamond Drive north of Sapphire and Emerald Lanes. Another option considered was to create a "all way"stop condition. The Minnesota Manual on Uniform Traffic Control Devices states that justification of a "all way" stop condition is that all legs of the intersection have relatively equal traffic volumes. This warrant is not substantiated as represented by the traffic volumes observed. Even if the traffic volumes were relatively equal, the difficulty comes in determining the proper location for stopping the northbound Diamond Drive user. The existing geometry creates a situation where the offset is too close to stop northbound Diamond Drive at Emerald Lane and Sapphire Lane and creates an extremely difficult situation for the motorist to stop northbound Diamond Drive at Emerald Lane only. Likewise is the case with the southbound Diamond Drive user. A caution identified in the Minnesota Manual on Uniform Traffic Control Devices is to be aware of the existing traffic control of the intersections in the general area of the questioned intersection. Attached for your information is a map showing the existing traffic controlled intersections in this general area. Since there is no clear way to address the right-of-way assignment problem by introducing a stop condition as requested or as a multi-stop condition, attention was directed to the limited sight distance condition north of Sapphire Lane on Diamond Drive. A motorist needs generally a minimum of 7-10 seconds to react to a potential hazard. For example, a motorist southbound on Diamond Drive would travel the 150' distance from the point where a Sapphire Lane motorist first sees the southbound Diamond Drive motorist, to Sapphire Lane, in approximately 31/2 seconds. This clearly is not enough time for either the Sapphire Lane, the Diamond Drive, and the Emerald Lane motorist to react to a potential hazard in the intersection. RECOMMENDATION Since right-of-way assignment at the intersection cannot clearly be determined given the existing intersection geometry, addressing the limited sight distance on Diamond Drive north of Emerald Lane and Sapphire Lane seems to be the most logical solution to the problem. There appears to be only two solutions to addressing the sight distance problem. The first solution, which is not practical, would be to realign the intersections and eliminate the sight distance restriction north of Sapphire and Emerald Lanes through the regrading of the street in this area. The second alternative would be through, the use of regulatory signing, place a restricted speed limit on southbound Diamond Drive as well as an advance warning sign to alert the southbound Diamond Drive user of the approaching Sapphire Lane/Emerald Lane intersection. Using the previously identified 7-10 second motorist reaction time criteria, the recommended regulatory speed limit would be 15 MPH. If you need additional information or have any questions concerning this analysis, please advise. kt \ Le--- Micha 1 P. Foertsch MPF/jf Ck MEMO TO: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS FROM: STAN LEXVOLD, SR. ENGINEERING TECHNICIAN, CONSTRUCTION DATE: MARCH 6, 1991 SUBJECT: STOP SIGN PETITION STOP SIGN INSTALLATION AT THE INTERSECTION OF DIAMOND DRIVE AT SAPPHIRE LANE Attached for Council consideration is a stop sign petition received from four property owners requesting sign at the intersection of Dimond Drive and Sapphire Lane.of a Also stop attached is a map showing the petitioning relation to the above-referenced intersectio .Property owners in In response to this petition, the following issues were investigated to determine if the petitioned stop sign was warranted in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) criteria: 1. An accident analysis was performed resulting in one reported accident at this intersection. 2 . A speed study was performed during the morning and afternoon of December 7, 1990 between the hours of 7:35 - 8 : 30 a.m. and 4 :20 - 4 :50 p.m. and also the morning of December 18, 1990 between the hours of 7:10-8: 00 a.m. Results of the speed study indicate that of the 36 vehicles observed at 3 different times on two different days, only four vehicles exceed the 30 MPH speed limit with the highest speed recorded at 32 MPH. A second speed study was performed the afternoon of January 24, 1991 between the hours of 12 : 00 - 1: 00 p.m. and 3 : 30 - 5: 30 p.m. and also on January 25, 1991 between the hours of 6: 30 - 8 :00 a.m. Results of the speed study indicate that of the 100 vehicles observed at 3 different times on two different days, only 2 vehicles exceeded the 30 MPH speed limit with the highest speed recorded at 34 MPH. 3 . On January 2-4 , 1991, visual traffic counts were taken for the above-referenced intersection. Counts were taken on January 2, 1991 between the hours of 3: 00 8: 30 January 3rd between the hours of 6:30 - - 6: 00 a.m. a , nd 3 : 00 - 6: 00 p.m. and on January 4th between the hours of 7: 00 - 8: 30 a.m. The total hours of visual counting were 9. 5 hours. The traffic volumes counted for the above listed hours are as follows: Diamond Dr. south of Emerald Lane Diamond Dr. north of Sapphire Lane 197 cars Emerald Lane east of Diamond Drive 91 cars Sapphire Lane west of Diamond Dr. 152 cars 2 cars ‘• Page Two March 6, 1991 4. A visual inspection of the above-referenced intersection was performed to determine the extent of clear sight distance. The results of the analysis showed a sight distance of 250 ' south on Diamond Drive and 225 ' north on Diamond Drive from Emerald Lane and a clear sight distance of 375 ' south on Diamond Drive and 150 ' north on Diamond Drive from Sapphire Lane. If you need additional information or clarification, please advise. Thank You. /Y. Stan1,exvold Attachments SL/jf • /j Y. 1, r ::°441412rz 146 •i • iiill * / g .. .; • oi; t 3 9 �Lr'• /O �s 0 ..g ). F) s s • ` �j i 3 4 t o q ' I. • • s ''�� , �•SAPP SAPPHIRE ' LANE 4 T1s IF3 "C lo t t 3 , 4 . ! ►'"' tre::•'l 34 .0, ' y : Ulan EMERALD LANE.j3 / IMIL /0 • •to C 2 4 3/ 1 •I 0 • 3 R 30 4• • l •III • ri JIM.o • • • 6 • i9 ' Q r 2i • r lD l3 ■• 27s - 0 A 7 2 g « ■ 2` s • ito ►•• ;1 1 Alla ,o• kb.' 46 li rg`. J 4 27 ' o T r a • 4 L4 S I„t• t I 4� 26 • /O : ti ` go 4'• '!• •• s. ' I 2 . 24 13 2 t al ! t o ` / G,q f'•••••••:•••••••:•:•:•:•? / City of �^ ix100-04 /9 Well IN � /a _ . CEO City of gown • • a n �` 019-00 •`_ / , \<---- !, /S ` n city Of eagan • RESIDENTS PETITIONING FOR STOP SIGN; approved: standard plate r : L$ �, PUBLIC AT THE INTERSECTION OF ;E WORKS DEPARTMENT DIAMOND DRIVE AND SAPPHIRE LANE / I 10 °°'w . ...z.......I/ ,I,L,41.. ..).4 % , _,- .1 sr •...., . , ., ,. . .. i „ • I , N N4444 ai: t 3 $ 9 'rs.. + IC �J +/ I. a." -L" f3Iii: I 't is N I i c) I Z tat or 13 /4 ..- ! _ LI* •.t. SO .1f si4. • .SAPPNIRE LANE A 3 Q . s c• r- . i Or, eft f .• t f .1 r.,1 iw..s.M / ' 3'Q ! W ~ C EMERALp ,t� y I M r.+ e • ii, IZ//�� r Jj /k 3 s t t441,01 Z r J/ • t 4 3r : F- If 3 '' ; rp C IIM.� t y ` �o �° z 11� 4 • 9 •• U • b -t o I' tr• a. •-- -- • r_.y�. • `�•'d G t9 t • - C + 2i .4 ' Z 0 ►f , • n 8 4 27 % • e f ir [S•, ►tc• r� . •, ; t • Ilk ti. z(P c ' _ . •• /O Z ` •�tr _••t •1 ,,.. r••• ,,r •I ` I -ti.2S to 23 it L! 20 .; / h / G •.r h / City of �^ _ ,� .Llat iu )t IL . l• ... a Eagan■ A 152 CARS B 97 CARS C 141 CARS D 198 CARS City of standard y ea g an CAR VOLUMES AT THE INTERSECTION OF approved : plate # : PUBLIC $ WORKS DEPARTMENT SAPPHIRE LANE,EMERALD LANE, DIAMOND DRI E ev 103 • S. 17.. 1/4, SIIC . 1 A.) ,T2 /, 11I23 A . , •,, 1.,,....„:„...,...>7... • • I \ _. ./. .3'47.• 1.....v...., .4 .0..01-0 a v,T(31.1.11. •••Le-11•atafa Tr.,--- =ITT —"Tr •4- f• PI •• —77 ra-- Tit t. I 1 s'•• 3 :I .4 C 't 6 — —. — . 80 -.. •• •/ 40 rp 4.9 ' as as •3 I 1 07 7 . , 4 ,.•_ .. r, ' .,,, .- . ' is . •• OU T LOT ...4. _ :BLUE JTON E -;.. ...4. 1 1 : ....- . -- 1 -et Ng . 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PARK [ • ,al 1 • • '4 Z /(ie: 0 ‘,\ \: - ‘,.--.7.' -z;";"••!. - y.re;"- ,1, /41 2 , • --,..-... _ • • 0 . 4 1- :1 1 1 to g• f• 141 •P 04 , Ore ■3 A e A0 • , A . .•.A4.1.-44 !e, __ _ _ • EXISTING STOP SIGN , (r4if .._ • 12 November , 1990 • Police Chief Patrick Geagan Eagan Police Department 3870 Pilot Knob Road Eagan , MN 55122 Chie* Geagan , My name is Brian McNally and I 'm writing this letter to you with the hope that I can enlist your help with a recent problem my family encountered while my son was a passenger on a School District #191 Bus. On the day in question , my son Greg was riding in a school bus when the bus was involved in an accident at the corner of Sapphire Lane and Diamond Drive. He received a number of cuts and bruises as a result of the accident. Luckily he has no permanent injuries or disfiguring marks. I feel , as does his bus driver , that the accident could have been prevented. The physical terrain on the accident corner , Diamond Drive and Sapphire Lane, does not allow either the driver of the bus or drivers of cars approaching that intersection to readily see one another. The limited visibility coupled with a slippery hill that often occurs, especially with the Spring and Fall frosts to say nothing of the Winters ice and snow makes it very difficult to avoid accidents on that corner. I would like to see, as a minimum, a stop sign erected on that intersection , preferably a stop sign on Diamond Drive where it enters the intersection from the North. I think with your help we can petition the city to erect a stop sign at the intersection. What we may accomplish could save SOMEONE FROM ANOTHER ACCIDENT, AND POSSIBLY SAVE INJURY AND DAMAGE. I have written both the School District #191 and the Ryder Student Transportation Services to enlist their help in this matter. Together we can make that corner safe for everyone. Thank you for your help. Sincerely, b6444.01a21, 204=749 Brian , Marlene and Greg McNally 2146 Sapphire Lane Eagan , MN 55122 1 () Agenda Information Memo April 2, 1991, City Council Meeting • REQUEST OF WAIVER TO WARRANTY MAINTENANCE BOND REQMT (FAIRWAY HILLS ADDN) C. Request of Waiver To Warranty Maintenance Bond Requirement (Fairway Hills Addition - Project 86-W)--Enclosed on page p'l is a copy of a letter from the developer of the Fairway Hills Addition requesting the City to waive a Code requirements of a 1- year warranty maintenance bond. Enclosed on page (CI Xis a copy of City Code 13.30, Subdivision 15, Section C, Paragraph 2 (f) which requires the developer to submit a 1-year warranty maintenance bond to be in effect one full year from the date of final written acceptance by the City of the privately installed public utilities. As can be seen from the developer's letter, he is requesting that the City waive the formal submittal of this warranty maintenance bond so that his improvements may be accepted for perpetual City maintenance. The development agreement executed by the developer provides a written guarantee of all work "for a period of two (2) years subsequent to written acceptance" by the City. While the development agreement provides the written guarantee,the City Code requires a formal warranty bond security. The developer has provided a warranty bond to cover the street improvements within this development. However, staff has still been requiring a financial security warranty bond in the amount of approximately $48,000 for the utility improvements. Staff has received several similar requests from other developers who are reluctant to provide a financial security associated with the warranty period. In the other situations, upon staff insistence of compliance with City Code, the developers did provide the warranty bond or other adequate financial security. Dependent upon Council's action in response to this request, direction should be provided to staff regarding future similar requests for other developments. T ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the request for a waiver to.City Code 13.30, Subdivision 15, Section C, Paragraph 2 (f). • DD 12 March 1991 DMS Investments, Ltd. Honorable Mayor and City Council CITY OF KAGAN 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: Fairway Hills street and utility acceptance Honorable Mayor and City Council : I am respectfully requesting that the City consent to allowing the one year maintenance period to run before rather than after the formal acceptance by the City of the streets and utilities in Fairway Hills and waive the one year utility maintenance bond requirement. The city inspected and approved the work in August 1990. My request is based upon a unique situation and the fact that I have had a real hardship with this project. The July 1987 "storm of the century" happened at the worst possible time for us. The utilities, curb, and gutter were in and the streets had been graded, compacted and gravelled and were waiting to be paved. The torrents of water from the adjacent golf course washed out the roads, creating gullies fifteen to twenty feet deep and throwing curbing helter skelter. Insurance failed to cover the cost of any of the damage. In addition to the storm costs there have been additional unusual development costs because our property fronts on both Cliff and Pilot Knob Road, which required substantial additional land dedication as well as paying a portion of the highway improvement costs. Because the adverse real estate economy has not allowed the lot prices to be raised even enough to offset holding costs, I find myself.in a position where 73 of the 75 lots are now sold but it will take the proceeds from the remaining two lots to pay off the development obligations, so I will not realize any profit from this development. Fairway Hills has been substantially completed since 1988. The city engineering department inspected and approved the street and utility improvements in August 1990. The bond was not posted at that time because my utility contractor has refused to provide a maintenance bond even though my contract with him does require it; possibly he is unable to get one. Because of the condition of the general real estate economy, and my financial position in particular, I am unable to post the bond or other security. I am asking the council to waive the one year utility maintenance bond requirement in this instance, subject to the normal inspection by the city at the end of one year. I understand that the city would accept the improvements only after we had made all necessary repairs. Thank you for your consideration. Sincer ly, Roger D Derrick, ' President D. M. S. Investments, Ltd. 2460 South Highway 100 Minnea Hs, Minnesota 55416 920-5610 � (f) Upon completion, inspection and final acceptance of the affected streets and/or utili- ties to be reverted to the City for future maintenance, the developer shall submit a 1-year warranty maintenance bond to, cover defects in materials and workmanship to be in effect one full year from the date of final written acceptance by the City. The developer shall also submit a hold harmless, lien waiver, or other agreement as required by the City. If the City was not properly noticed or given the opportunity to perform the proper inspections to insure compliance with the approved plans and specifications, the City, at its option, may elect to require the submission of up to a five- year warranty maintenance bond or cash escrow for any por- tion of the system where inspection was not able to be performed. Failure to comply with these requirements on behalf of the developer will allow the City the right to deny access or connection to these streets and/or utilities. (g) The developer/applicant shall provide the City with a financial guarantee in an acceptable form and an amount equal to 60% of the estimated cost of the improvements to be performed privately by the developer/applicant. D. Street Lighting. Street lights shall be installed as provided by the City Code. (CODIFIER'S NOTE: The policy, standards and procedures for installing and billing street lighting are provided for in Chapter 3 of the City Code.) E. Trees. "Street" trees shall be planted as provided in Subdivision 11 of this Section. F. Driveway Approaches. Concrete or bitumi- nous driveway surfaces over each boulevard on lots adjacent to streets improved to City standards shall be provided in accordance with the provisions of the issuance of building permits. G. Payment for Public Improvements. Before a final plat is approved by the Council, the applicant shall submit an agreement and performance bond, irrevocable letter amount of credit or cash escrow agreement reasonable C g reement in such rea as determined by the Council to assure the following: 1. Guaranteed completion of the required improvements undertaken by the applicant as approved by the City within a specified time after commence- ment of any construction in the subdivision, or such portion thereof less than the entire subdivision to be developed at any one time as approved by the Council; provided, that the Council for good cause, may extend the period of time in which the improvements must be installed. - (1-1-83) 404 O Agenda Information Memo April 2, 1991 City Council Meeting COMPREHENSIVE GUIDE PLAN/REZONING WEIERKE TRENCHING & EXCAVATING COMPANY D. Comprehensive Guide Plan Amendment, Weierke Trenching & Excavating Company, Changing the Land Use Designation from D-1 (Single-Family) to NB (Neighborhood Business) and a Rezoning of Approximately 2.4 Acres from AG (Agricultural) to NB (Neighborhood Business) Located Along the Southwest Intersection of Dodd Road and Cliff Road in the Northwest Quarter of Section 36--At its regular meeting of March 28, 1991, the Advisory Planning Commission held a public hearing to consider the above-referenced item. Additional information relative to this item is contained in the Comip unity Development Department staff report which is enclosed on pages'lb through t9 for your review. A copy of the Advisory Planning Commission minutes will be made available to the Council as early as possible. As a consequence of the meeting being held on March 28, they will be distributed as a part of Additional Information on Monday. The APC is reco ending denial of this application. A memo regarding this action is enclosed on page ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the comprehensive guide plan amendment for Weierke Trenching & Excavating Company changing the land use designation from D-1 (Single-Family) to NB (Neighborhood Business) and the rezoning of approximately 2.4 acres from AG (Agricultural) to NB (Neighborhood Business) located along the southwest intersection of Dodd Road and Cliff Road in the northwest quarter of Section 36 as presented. \.dd\ SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT & REZONING APPLICANT: WEIERKE TRENCHING&EXCAVATING COMPANY LOCATION: SW CORNER OF CLIFF ROAD & DODD ROAD P.I.D. #10-03600-028-25 EXISTING ZONING: AGRICULTURAL DATE OF PUBLIC HEARING: MARCH 26, 1991 DATE OF REPORT: MARCH 19, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted by Roger and Stuart Weierke requesting a Comprehensive Guide Plan Amendment from D-I (Single Family) to NB (Neighborhood Business) and a Rezoning of approximately 2.42 Agriculturally-zoned acres to NB (Neighborhood Business). LOCATION/LAND USE/ZONING: This 2.42 acres is located in the southwest corner of Cliff Road and Dodd Road. The property has 312 linear feet along Cliff Road and 286 linear feet along Dodd Road. The property abutting the site to the west is designated in the Comp. Guide Plan as P-Parks and is zoned PK-Parks (Lebanon Hills Regional Park). Fawn Ridge and Overhill Farm Additions, both existing single family additions are located on the north side of Cliff Road. East of the site, across Dodd Road, are three parcels owned by the applicant, Weierke Trenching and Excavating Company. The Weierkes operate their business on two of the parcels and live on the third, eastern-most parcel. All of the parcels are zoned Agricultural and are guided for D-II (Mixed Residential, 0-6 units/acre.) South of the subject property is an existing single family dwelling unit and Dakota Electric substation. Both of these properties are zoned Agricultural and are guided for D-I (Single Family, 0-3 units/acre). Dakota Electric currently has access to their site through an easement on Weierke property. They have submitted correspondence to the City regarding the rezoning application stating the following: "Dakota Electric has no objection to our easement area being used for berms and ornamental trees, bushes, and shrubs. We intend to work with, and cooperate with the Weierkes in every way possible with regard to their plans. Dakota Electric has no objection to and, in fact, supports their desire to zone this property for commercial use." 0 NB (NEIGHBORHOOD BUSINESS DISTRICT): These are small business areas located in the center of a residential neighborhood to serve the daily retail needs of adjoining residents. The intent of the Rezoning is to allow the Weierkes to market this property to the types of uses in a NB zoning district, such as a convenience store and perhaps several small retail stores. Any use requiring a Conditional Use Permit would need separate review by the Advisory Planning Commission and City Council. Motor fuel sales are a Conditional Use item in Neighborhood Business districts. The applicant feels that with the property already zoned NB (Neighborhood Business), it will make it more attractive to potential buyers and tenants. If the Rezoning is approved, it would be necessary to plat the unplatted property when improvements are requested. During the platting process, staff members of the Advisory Planning Commission and the City Council will have the opportunity to review and add conditions for approval. The site plan attached is a conceptual plan of how the site could potentially be developed and was submitted to aid in the review of this Rezoning application. Neighborhood Business districts allow a lot coverage of 20% and it appears that a strip center on this site has a capability of being between 17,000 and 18,000 sq. ft. If gas pumps were included, the canopy would then be included in the lot coverage. For comparison purposes, the Eagan Convenience Center along the south side of Duckwood Drive is approximately 17,000 sq. ft. and the Lexington Center at the southwest intersection of Diffley Road and Lexington Avenue is approximately 20,000 sq. ft. When development of any type occurs on this site, the only access will be from Dodd Road. If any use other than residential is approved, dense landscaping screening will be necessary to buffer the existing single family home to the south. ‘ The 2.42 acre parcel located at the southwest corner of Dodd Road and Cliff Road appears to have been previously rough graded, draining primarily to the north into the south ditch of Cliff Road. The parcel is bounded by Cliff Road on the north, Dodd Road on the east, a single family residence on the southeast, Dakota Electric substation on the southwest and Dakota County Park land on the west. Dakota Electric presently has an access easement across this parcel with a driveway entrance located off from Dodd Road. Dakota Electric has submitted a letter to the City of Eagan supporting the rezoning of this property to a commercial use. A 6" sanitary sewer service and 2 " copper water service are presently located on the north side of this parcel. The static water pressure is in excess of 90 p.s.i. at this site. Sufficient drainage and utility easements shall be dedicated along the proposed lot lines when and if this parcel is platted. Any deficiencies in right-of-way width would also be acquired in the platting process. (11)- FINANCIAL OBLIGATION - 36-CG-2-2-91 Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule. Improvement Use Rate Quantity Amount Lateral Benefit C/I $9.75/ff 290 ff $ 2,828 Water Trunk Water Availability C/I $2,420.00/A 2.42 A 5,856 Charge Storm Sewer Trunk C/I $.102/SF 105,415 SF 10.752 Total $19,436 The preceding is an estimate of the financial obligation related to the property. It would be collected at the time of final platting and be computed at the rates in existence at the time of platting. 3 •-• 1: "1 orretirl owl ea._:,..7_ 4 2. a ltlit -1,00.0 I. b ■ .... IMO 1 611 • '' 6$ 1 I. • e. 1 : • ta 0 .., * _ IS WI t t - 1. s ' ' 1 o t --11 s, 41"si • 7■••• 1 I a,. ALL at* -in la kogn.9,f et sr- 8 ' $ • , • 3 a ' . .. , •Iiir V.• sl• ,k.0.... i _wit .._ P i' ' t • : ' f i 4 . ,- . * .', t oar 0 ,s a 11110 ' , ._ 4 - - Jai t 2 • RH t 1 t.• a•• ,..k■ ' 41% : ‘- s 14 '\ "•1 /-16- .• # . - 14 4 r)othev ,' 11/4! ' - 1111111111111111111111.11 III . v-• MINCI'Vg . .. 4 ,. - 1 Z •.- i }*- • itittr It. '. 4 \ 4' ..4j4' '. .. N. • ■ i 1 , , , - .. 4".• v 11 .. s • I• e,4, k II 1,:• ‘..11444.•e _gg - e P 5 i 1.. .1111%; * ■ LA- i 41 , v I I.C : tror4cd 7. ..4 . 4:•- r OW1 v'tlk r. ll „ . S 41 , . \ . * 4 • • AID D HW Y -----1_1% ) -t. NO 52muirms. -1111116 .`111011 ..si (CUFF ',ROAD) NO - 32 \ :::::.:•:::.:::::::::::::::::::::::::::::::\ 1 ,.. . i:::::.:•::::::::::::::.:•::::::::::::::::::::: i0:2:86:::::::::::::::::::i:: :\ 030-25 023-25 040'116 . ::.::-::.::.::.: . . ... •1....:.--fr,.. i . . .. ..... ..._ •--- $ ---'"." \.• I 029-25 It 027-25 ' : •• 1 , .• 1 .... ....bb 040-25 010-26 ‹..\ 10-60- , . , ,-• )-29 .:, 020-26 i . 050-25 a 11 ., .. . .. .. „ 024-25 030-26. F WEST 81•1111 g • , 1 02.3-21 21 012-28 I 011 -2f ki t, ,, F•., 3s,21 €17? 2 7 Certificate for: Weierke Brothers rs DELMAR H. SCHWANZ LAND SURVEYORS.INC Rrsirlw d t,drr Lvov of Th.Seer of MInnMOtr 14750 SOUTH ROBERT TRAIL ROSEMOUNT,MINNESOTA 55089 812/423-1799 SURVEYOR'S CERTIFICATE NE. corner of NW} Sec. 36 /North line of NW} Sec. 36 1312.68 N89°41'50"W - 805.84 )N89°41'50"W h ROAD CLIFF 2 0 � \\ pa�� .s le \�\ "� sg3 2.42 ACRES \\\\ P Zoa\ 0 0 Utility `�'/\ 4• Dakota 8 easement \\ 10 \ County Park N � Utility easement \\ a t \ — -- — _ —— g; 202.89, • - 233.80 ' EAST % N83°00'22 E \ \yg i Dakota Electric �l SCALE: 1 inch = 100 feet LEGAL DESCRIPTION That part of the Northwest Quarter of Section 36, Township 27, Range 23, Dakota County, Minnesota described as follows: Commencing at the northeast corner of said Northwest Quarter; thence North 89 degrees 41 minutes 50 seconds West (assumed bearing) along the north line thereof a distance of 805.84 feet to the point of beginning of land to be described; thence continuing North 89 degrees 41 minutes 50 seconds West along said north line a distance of 312.68 feet; thence South 00 degrees 15 minutes 00 seconds West a distance of 286.00 feet; thence on a bearing of East a distance of 233.80 feet; thence North 83 degrees 00 minutes 22 seconds East a distance of 202.89 feet; thence North 25 degrees 02 minutes 00 seconds West a distance of 286.55 feet to the point of beginning. Subject to a public road easement on the east for Dodd Road and on the north for Cliff Road. Containing 2.42 acres. I hereby certify that this survey.plan.or report was prepared by me or under my direct supervision and that I duly Registered o Land Surveyor under /r/�G�"//�/� � / !�t,,/�� �"✓ the Laws s a f the State Minnesota. oC//✓ February 18, 1991 Delmar H.Schwsnz (_51- Dated Minnesota Registration No.8625 i • 0 0.00,000000...e.... 1 . .Jr .. t • 1 • %1 , 7 -, • • • •■■ • . t •■••■ • • ILA 1 ta. t _ 4i 1 r..• ...4 ._ id . ( ( C, • IJFTIfCTI7 ELECTRIC February 5 , 1991 Mr. Jim Sturm City Planner City of Eagan 3830 Pilot Knob Road Eagan , MN 55122 Re : Weierke property - Dodd Road and Cliff Road Dear Jim, This letter is to address the Dakota Electric easements on the property of Stuart and Roger Weierke - see attached survey. Dakota Electric has no objection to the inclusion of the easement area being included in the square footage calculations or the actual use for berming and landscaping. Weierke ' s are in agreement with the following terms and conditions of use: 1 . That no more than two feet of berming be placed over the underground cable. 2 . That no "full size" trees be planted directly over any underground cable. Dakota Electric has no objection to our easement area being used for berms and ornamental trees , bushes and shrubs . We intend to work with, and cooperate with the Weierkes in every way possible with regard to their plans . Dakota Electric has no objection to, and in fact, supports their desire to zone this property for commercial use. Sincerely, ii • Edward A. Brunkhorst Right-of-Way Engineer Enclosures cc : Roger & Stuart Weierke ' 1 A Consumer-Owned, ctric Utility 4300 220th Street West/Farmington, Minnesota 55024/Telephone: (612)463-7134/FAX: (612)463-6256 An Equal Opportunity Employer DFJKCTFJ ELECTRIC O 5 5 0 ! / M 7 / O M March 19 , 1991 Mr. Jim Sturm City Planner City of Eagan 3830 Pilot Knob Road Eagan , MN 55122 Re : Public Hearing - Weierke Trenching Dear Jim, Due to a prior commitment, I will be unable to attend the Advisory Planning Commission public hearing on March 28 , 1991 . I wish to state that Dakota Electric Association has no objections to the proposed zoning change . We believe that this location is ideal for neighborhood business use. Sincerely, Edward A . Brunkhorst Right-of-Way Engineer c : Weierke Trenching and Excavating smm A Consume awn , on. .'' _ -ctric Utility 4300 220th S?reef West/Farmington, Minneso - _ • • elephone: (612)463-7134 /FAX: (612)463-6256 An Equal Opportunity Employer • FINANCIAL OBLIGAT ION CLIFF • . • ....---7.. ,..: ...-:.....:........:.:.::::.-......-::-.:::-......... . .. ...:-.-.7,:777:::::::::::::::::::::::::::::::.•:::::::::.::::•::::::::::.: ::::::.:i:::::::.::::::A 0 .s$ • . ....::.....;:.: :::..g....i::::..i...::::::: :::::::::...i::::.::... .....ii-ii.::::::.......::i.....::::::i.....ii:...i....ii:... .•...... ...:.:::::-::::::::::::::.:::::::::...................•iiii.::..-...iiii::::ii!.•:::..iii!..i...:::::::RiN :;::..•::.::.::::::-::::::::::::.i.. ..i.:::.iiii..iii.:::::::i.....i.i:.iiii:iiiii.i..•-.B.iiii..i.iii:::::::1:01:•:ii.:::::::::::::::::::.$...:::::::::::::::::::.giii....::::::::::::iiii:::::::::::::::::::: 4.3 ..........-::-............................:-...:-...:::..:::-.:::-.:::-...:..:::-:-.:.:-.:.:-.:.:-..-::::-:.::-:.::-.-:-...:::.-:\ '-\--\ :.:•..•::::.::::::.:::::::::.::::::::::::::.::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.:::::::::::::::.::.::::::::::::\ -17, :::::::.::::::::::.:::::.::y4:::::::::::......:::::::::.•.::::i....!...:::::::1::::::::::::::::::::::::::.::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::........:::::::::::::::::.i...:.:.::::::::::::-......:::.::-...g:::.N c.) \ , . - ::::::::::::::.::::.:::::::::::::::::::::.:-::::::::::::::::::::::::::.::::-::::.::::.:::::::::.:-::::::::.•• .:::::.::::::.:.::::-:::::::::.::::::::::::::::::::::::::::::::.:•:•:--•• ::::::::::::::::.:::::::::::::::::::::.:::::::::.:-:• :::.:.:::i::.:..:::•••••• .• EXCAVATING „ II EXCAV- A HIN'' RENC wIER NE 7 _91 G-2--.3 36--c ade k VPgr Trunk' t from Benefit Lateral Storm sewer Trunk ....:•:.:::::::: . . . . . . ...•.•..••• •••••.:•:.:::: WAC ....... • :::.::::•::: :::::::::•:•:•.. • MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JIM STURM, CITY PLANNER DATE: MARCH 28, 1991 RE: WEIERKE REZONING At the March 28 Advisory Planning Commission meeting, the Comprehensive Guide Plan Amendment request of approximately 2.4 Agricultural acres to a Neighborhood Business district was denied unanimously. The primary concern the Commission had was that there were no development plans, or specific users, for this site. Noting that, they did not feel that changing the Comprehensive Plan was appropriate at this time, however it was also clear that they were not adamantly opposed to a proposed change based on the land use only. They would be open to another request if more details of the use were provided. A couple of residents were there, including the adjacent neighbor and both were opposed to the proposed land use and zoning change. If you would like additional information, please advise. City Planner JS/js CC: Dale C. Runkle, Community Development Director Agenda Information Memo April 2, 1991 City Council Meeting CITY CODE AMENDMENT/PAWN SHOPS IN CSC E. Amendment, City of Eagan,to the Eagan City Code, Chapter 11,"Land Use Regulations (Zoning)" to Allow Pawn Shops as a Permitted Use in CSC (Community Shopping Center) Districts--At its regular meeting of March 28, 1991,the Advisory Planning Commission held a public hearing to consider an amendment to Chapter 11 of the City Code concerning land use regulations relative to pawn shops as a permitted use in community shopping center districts. For additional information in this regard, please refer to the Community Development Department staff report which is enclosed on ' ' through Of- for your review. The report includes a map referencing those locations within the community which are currently in this zoning category. A copy of the minutes of the APC meeting will be distributed to the Council as soon as possible. The APC is recommending * of this amendment. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an amendment to the City Code, Chapter 11, relative to land use regulations of zoning to allow pawn shops as a permitted use in CSC (Community Shopping Center) districts as presented. SPECIAL NOTE: After review by the Advisory Planning Commission, this item was continued to their May meeting. 1 Subiect to Approval MINUTES.OF A SPECIAL MEETING OF TI ::EAGAN CITY COUNCIL Februszy:26.1991 Eagan; Minnesota A special meeting of the Eagan City Council was held on Tuesday,February 26, 1991 at 5:30 p.m. in the lunchroom of the Municipal Center:8u k rig;:-Pr nt:were Mayor Egan, City Councilmembers Gustafson, Pawlenty and Wachter. City CotinciTiiiei604::McCFB; :was absent. Also present were Director of Community Development Runkle, Director of Public Works/Engineering Colbert, Director of Parks and Recreation Vraa, Fire Chief Southom, Police Chief.Geagan, Director of Finance VanOverbeke and City Administrator Hedges. DRAFT 1991 - 199$APITAL IIUI#.ROVf=MENTS PROGRAM City Administrator Hedges discussed the proposed five (5) year capital improvements program (CIP) stating that a five (5) year CIP is a planning document that each year actual projects are evaluated and require approval by the City Council. He further stated that CIP documents are regarded as important financing tools by both rating services Standard and Poors and Moodys which is important to the issuance of general obligation bonds. City Administrator Hedges reviewed the grand total of the proposed five (5) year CIP by discussing the ten (10)'fuiix#i g sources and a summary of the type of expenditures by department. He further stated that most of the discretiona ry:spending such as park land improvements,fire stations, community recreation facilities and expansion of the.Municipal Center/Law Enforcement Building are proposed as general obligation bond issues.or.:from:thie:proposed community investment revenue source. The City Administrator's presentatiott::;tnctuded an overview of these revenue sources and expenditures along with a discussion on tltis:iti pact of operational expenditures if the City expands its public facilities according to the proposed CIP. City Administrator Hedges further discussed the public policy issues stating that direction is necessary by the City Council to determine a priority for capital projects and the funding source options that are available for financing public building projects.. City Councilmember Pawlenty suggested that the material as presented be categorized by rev source t0:9.Ssist:the City Council in an overall prioritization of capital projects. There is also a requesI by/the CitY'Cotinci1.to present capital projects by department and, further, that consideration be given to the iiipact building programs have on maintenance and operations. Mayor Egan stated that no formal actibh was tiAbired and that the City Administrator be directed to categorize the draft capital improvemerifg:prograrn r 1991 = 1995 and present further data at the next special City Council work session for consideration. ::::::::: COMMUNITY INVESTMENT FUND Director of Finance VanOverbeke reviewed the proposed policy/ordinance that establishes the use of community investment funds for capital projects. I*presented a modification to language that was originally presented in November, 1990 when the City Cortical first reviewed a policy for the community investment fund and,further, reviewed exxampiea::of.how.muc.. interest would be available assuming various financial impacts for a principal amount of:*l: 5o Xx::in the:community investment fund. Following a lengthy discussion by the City Council, tfie'policy'was`664i:illy accepted with the exception of some language that was questioned and will be reviewed with sal:.by Councilmember Pawlenty. The City Administrator was directed to place the community investmer :fund on the regular City Council agenda for March 19 for consideration and ratification. 1991 GENERAL:NNOli.0000.::PJUSTMENTS City Administrator Hedges stated that the Dartment of Revenue has verified the 1991 HACA reduction, July payment, to be appwimately$210,04....He stated that the general fund reduction is 79.9%while the debt levy, major street feirid.: nd equipmerg:*Calving fund combined is 20.1%of the total reduction. The City Administrator further itatOlhatan.000rient to the general fund operating budget in the amount of approximately$167,820 wilt 150**000.6 offset this reduction in revenue. The City Administrator presented a budget reduction proposal to the City Council that eliminates six (6) positions including Administrative Intern, Community Development Intern, a Contractual Building Inspector, part-time Fire Inspector,full-time Fire Chief and Parks and Recreation Intern. He further stated that part-time seasonal in Parks and.:EIWO4tiot);f01:b0:0000ced and there is a correction in the Public Works/Engineering watershed management program City Councilmembers discussed the proposed.adjustments and stated that In order to maintain a healthy delivery of service, it will be nepii*Ory to ptiOtize budget reductions if further reduction in HACA aid is enacted by the legislaturg.:::::MOia:Osq:46.#0*.of the City Administrator's proposal and anticipated a future HACA aid reduction rdtIniñ mciiiiVetiding adjustments at the local level,there was a general concurrence given to the 1991 budget adjustments as proposed. In a motion by City Councilmember Wachter, seconded by Mayor Egan,all members voting in favor,the City Administrator was directed to place the budget adjustment proposal to amend the 1991 general fund operating budget on the March 5 City Council agenda for official ratification. : 41.7171.gR BUSINESS • ........ City Administrator Hedges repprfed ii.f*.• :Once union which covers police patrol officers has agreed to a settlement, therefore, the Weciriesday, FebNai...•y:27 arbitration will be canceled. ..•.•••.•.• •.•. • TLH ::::::•:•• Date Clerk •••••••• .•.•.• ...•.•.• .•.•...• :::::::: •••.•.• .•.•.•.• .•.•.• •••.•.• ....• •:-:-:•: ...•.•.•. ---••••• :.•:•:•:• ::•:•:•:: .-:•:•••• :•:•:•:•:• • MINUTES OF A REGULAR MEETING OF ME ..EAGAN, CITY COUNCIL Eagan, Minnesota March 19, 1991 A regular meeting of the Eagan:.:Clict.giiiini41:***40. on Tuesday, March 19, 1991, at the Eagan Municipal Center. Present were Mayor ggap and Ciniiiillinenibers Wachter,Gustafson,McCrea,and Pawlenty. Also present were City Administrator 1-igges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, and City Aitiiiney James Sheldon. KGENDk Wachter moved,McCrea seconded a motion to approve the agenda for the March 19,1991 regular City Council meeting. Aye: 5 Nay: 0 The following changes were rec6Mmendediiii the March 5, 1991 regtalar City Council minutes: •• Page 2, paragraph 1, sentence 1 : • iii:keneral." Page 9, paragraph 4, sentence 2, change the word "city" to"MWCC." Page 11, paragraph 4, sentence 1, change the date "April 2, 1991" to"March 19, 1991." Page 13, paragraph 4, add the vote: Aye: 5 Page 17, paragraph 2, sentence:':?:;;Annie. read "She said at that lime she had met with Mr. Bob Rosene,of Bonestroo,Rosene,Anderlik;itAssociates,wii6...said his firm would put together a plan without cost to the City." • • •Page 17, paragraph 2, sentence 4, should be eliatigeCt::to "He thought it would be appropriate to preliminarily say the complex could be placed at either site since the City had just recently proposed a large recreational complex to be constructed on the municipal site." Page 18, paragraph 5, sentence 2, add Mr. Tom Creighton, consulting attorney. Gustafson moved, Pawlenty secon40.:.:0:::Motion.tp.-..**bve the minutes of the March 5, 1991, regular City Council meeting as amended. Aye S Nay O Gustafson moved, Pawlenty seconded a motipn to approve the minutes of the January 29, 1991 special City Council meeting. Aye: 5 Nay Chief of Police Pat Geagan and Officer Lori Tripp were in attendance to recognize the crime prevention efforts of Mr.Joe Brannan,whose timely action resulted in the arrest of two burglary suspects in the City. Mr. Brannan was unable to attend the City Council mc.etingto receive a plaque from the Hennepin County Police Chiefs Association. • • LEGISLATIVE OAX*REPRESOWATIMARrgastRo Representative Art Seaberg prfded a brief update On.:Xhe legislative session, including: the budget, education, workers compensation, and re:01.0410:4:*:•..1440.i.....giaii then expressed the City's concerns regarding cuts in local government aid and suppori:4:idika..i*iitiiitiiinitli4o property taxes. p • Page 2/EAGAN CITY COUNCIL MINUTES March 19, 1991 ........• PPON4:::•1464grtivronowtomimnammo. Mr. Michael Ehrlichmann, of the:Itigikiiiittt*it:Iiiird, was present to update the City on RTB matters as well as inform the Council of aik.upcoming meeting between the RTB and the opt-out communities. Before taking action on the Consent Agenda,Item 0, Cancel Project 549R, Stratford Oaks -Sanitary & Storm Sewer,was removed for discussion. Director of Public Works Cogi4t said gaff was looking to the Council for direction regarding reimbursement of costs incurred by the.C..4 on thi::iii.soject. He said the developer had not followed through with the final plat and Mr. Colbert ask4:the Coti*11 what portion of the costs should be required of the property owner. Mayor Egan noted that when the Tranby Addition Project was canceled,Mr.Tranby said that his addition accounted for approximately $:Nr.Mkt:P.f::*:Mitxt and its assessments. The Mayor asked what percentage of this project could be Oaks. Mr.Colbert said that 100 percent of the project was the responsibility of this development. It was the consensus of the City Council that staff require the developer and the property owner to reimburse the City for all costs incurred with Projects 549 and 549R(Stratford Oaks-Storm&Sanitary Sewer). A. Personnel Items .:::..:.•:•:::::•:::::::::•:••••:•:•:: 1. It was recommended that thq:.Atii"4:iita part-time (job share) Receptionist/Clerical Technician II be approved for the Police Department, subject to successful completion of a reference check, criminal background check and the City's physical e.iiiiiiiikiiM•Tgquirement. ....... 2. It was recommended that the addition of buildiii*ntenance workers to the list of employees at risk in the City's Hepatitis B vaccine policy be approved. 3. It was recommended that a health insurance premium contribution be approved for those employees in the maintenance bargaining unit choosing family health insurance coverage for 1991 and 1992 of an increase to the previous year's amount of 50 percent of the lowest percentage increase of any provider premium. 4. It was recommended that the.::i..4iiMatitin:.0f*ik6..Pae, Engineering Intern, be accepted. ::::•:•:•• 5. It was recommended that a payment to Gin:Knight in an amount up to$3,151.26 be approved to her deferred compensation account for the surrender f0.;:#iat was recently deducted by IDS when her assets were moved to an ICMA deferred compensati*O*00;:figtliggig the Director of Finance seek reimbursement of said amount from IDS through various aavailábletöTht City. 6. It was recommended that the revised Hepatitis B Vaccine Agreement between the Cities of Eagan and Bloomington be approved. B. Plumbers License It was recommended that the folkiiiiing plumbers'licensee be approved: 1)Alta Mechanical;2)Dolder Plumbing & Heating and Pool Care; and.3).M & W Water Inc. •.•.•.• ::::::::: ........-.•.•••.•.•.-.•.•••••••• Page 3/EAGAN CITY COUNCIL MINUTES March 19, 1991 C. Solicitor's License/Blue Be lilee Cream It was recommended that a solic44.40ii:*****4 for Bluebell Ice Cream to operate in the City of Eagan subject to the following conditions: •::::•:•:. 1. Continuance of liability insuriiie evidenced by an insurance certificate. 2. Hours of operation will be from 12:00 noon to 15 minutes prior to sunset. 3. The approval is granted from April 1 until October 1, 1991. 4. The trucks will not generate a noise level greater than 65 decibels. 5. Caution swing arms will be reluired on each vehicle. 6. Local employment will be 44:for driv.ets.operating in Eagan. ••::::::: D. Refuse/Recyclers License. y*-Tech.Inc It was recommended that a refuseAegclik.iglicP:IP.r.•:Yer-Tech, Inc., be approved as presented. E. Service Station License. Tom Thumb. 1446 Yankee Doodle Road It was recommended that a service station permit for Tom Thumb Food Markets be approved for their facility at 1446 Yankee Doodle Road as presented. F. Request for Waiver of Conflict of Interest,:-S0040:Legal Counsel • It was recommended that a waiyeis.4:iiinflid.ofinterest for the City's special legal counsel, Popham :::::•:•••••• • Haik, be approved as presented. :•:•:• ••••••:•:•:::•••:•••••••••••••:•••:•.• G. Recommendation from the Econothie•tiiiiiiikii!inent Commission Regarding the Dakota County Economic Development Partnership •'• It was recommended that the Economic Development Commission recommendation relative to participation in the Dakota County Eocnomic Development Partnership be approved as presented. H. Amendment to the 1991 Fee Sche5lule It was recommended that the ani*Iiiiiit40::•*:1§§1••fee schedule to incorporate the proposed sales price for water meters be approved as ireSinted. I. Classification/Tax Forfeit PrOIS•••rty It was recommended the Dakotieiiiiiiiiki3aril:Wicitified that the following parcels are to be classified as non-conservation properties: 10-14991-010-00 10-45700-150-00 10-64700-010-00/Replatted as 10-64.7.0441#.40t;.::.:.;: : : 10-64700-050-00/Replatted as 10.-6401:4)26:01 Th*:::.:: ::.. 10-64700-060-00/Replatted as 10:0101-030-01 10-64700-080-00 10-65850-060-02 .•.•.• .•...•.•. r , Page 4/EAGAN CITY COUNCIL MINUTES March 19, 1991 J. Project 524. Receive Final Assessment Roll/Order Public Hearin jJohnny Cake Ridge Road Streets, Utilities & Trailways) It was recommended that the final:assessment roll for Project 524 (Johnny Cake Ridge Road-Streets, Utilities & Trailways) be received and thepiiblic hearing scheduled to be held April 16, 1991. K. Approve Resolution Designating Several Municipal State Aid Streets It was recommended that the resolution designating several municipal state aid streets be approved and the Mayor and City Clerk authorized to:execute said document. L. Project 611. Authorize Feasibility Repart Plans & Specifications Well #16 & Timberline Well Connection It was recommended that a feasibilityrtforP611(Well#16&Timberline Well Connection) and simultaneous preparation of plans arid'secificttitis Iie aiitliorized. M. Project 612. Authorize Feasibility Report. Plans & Specifications (Miscellaneous Sewer Stations - Upgrading) It was recommended that a feasibility report for PrQj.ecf:612(Miscellaneous Sewer Stations-Upgrading) and the simultaneous preparation of detailed plans:a1d:5 ioc be.authorized. • N. Contract 89-05.Approve Ch tge-Order #2 (Skyline Road - Storm Sewer & Restoration) It was recommended that Change Order:.�#2 t e.:contract 89-05 (Skyline Road - Storm Sewer & Restoration) be approved and the Mayor and City Clerkd to execute all related documents. O. Cancel Project 549R. Stratford Oaks It was recommended that Projects 549 and 549R(Stratford Oaks-Storm and Sanitary Sewer)be canceled and the developer and/or property owner required to reimburse the City for all costs incurred to date. P. Amend City Code/Establish Caiamuai :In nt Fund It was recommended that the..ordinance airiendment entitled "Community Investment Fund," be approved. • Q. Final Plat/Coventry Pass 3rd.Ad iti t :: ::::::•:•?:::::•::: It was recommended that the final plat for Coventry Pass 3rd Addition be approved as presented. Gustafson moved, Wachter seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 DAKOTA COUNTY SOLID•WASTE MANAGEMENT STRATEGY RESOLUTION After introduction by Mayor Egan,.:Cky.Admin st-.t't r:;Hedges provided a brief history of the draft resolution prepared by the City with respect•ro'DakotaCourity's•.Solid Waste Management Strategy. Page 5/EAGAN CITY COUNCIL MINUTES March 19, 1991 • Dakota County Commissioner Doi Chapdelaine then addressed,the City Council and reminded them of the accomplishments that had been read e4:E ought the:.Co my and City working together. He said the resolution being considered by the Citt::Cori :coul$::lie•:}ierceived as an intervention into the statutory responsibilities of the County Board. R . Chapdelaine said the County had spent almost ten years and $5,000,000 researching solid waste managi}ient. He said the State had mandated elimination of landfills and while the County would also like an easy.s ihition to solid waste management,there are no simple answers. He said he would like to have an opportunity to set a meeting in order to allow the County the opportunity to summarize the last ten year's work before action is taken on the resolution pending before the Council. Councilmember McCrea asked Commissioner Chapdelaine if the County had looked at any of the alternative suggestions put forward by the Dakota County Citizens Against Burning? Commissioner Chapdelaine said the County had spent many hours checking nut suggestions provided by DCCAB and reiterated that the County would like to go through what they have:One ne in the::workshop session. After discussion on whether or not the resolution should go forward, Mayor Egan said he believed the City owed a duty to the County to work totit;i Lfe *:c Iota:County and the City had a history of working together on many important issues not ttie feast ol'vvhicti ii:dies.c Trent airport relocation. Wachter moved, Pawlenty seconded a motion to continue the resolution on the Dakota County Solid Waste Management Strategy to the April 2, 1991 regular City Council meeting and that a workshop session for the purpose of discussing Dakota County's processing technology and alternatives,be held April 2, 1991 at 4:00 p.m., at the Municipal Center. Aye: 5 Nay: 0 Mr.Jim Falcone,a member of the Dakota. iiinty:Citizens Against Burning,said since the City Council had been asked to defer action on their resoluiition,the County should in turn be asked to put the permit for the burn facility on hold. • • • SENECA PLANT DEVELOPMEN:AGREEMENT ODOR CONTROL SCHEDULE REVISION Egan moved,McCrea seconded a motion to continue indefinitely consideration of the proposed Seneca Plant development agreement revision to the odor control improvement schedule. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/R::1.,.JOHNSON INVESTMENT COMPANY Gustafson moved, McCrea secdii ted a mot.ioiu'to continue to the April 2, 1991, regular City Council meeting the conditional use permit to allow outdoor:storage and a special use permit for a fence in excess of six feet for R. L. Johnson Investment Company...Aye:;::5,..NAY..0 EAGAN CITIZENS RECREATIONAL FACILITIES ADVISORY COMM E;RECOMMENDATION After brief comments by Mayor f.40-and City Administrator Hedges, Mr. Gary Fuchs, Chairman of the Eagan Citizens Recreational Facilities.:Advisory Committee, made a presentation to the City Council regarding the findings of that Committee..•::A copy of the Committee's report is included as Exhibit A. The City Council's discussion ceM red::3tCoun4: 'ranc n•for the facility and further involvement by the Committee. Mr. Fuchs said that several'iii:etidiers•6f ih'Cs iittee were willing to stay involved in order to t r Page 6/EAGAN CITY COUNCIL MINUTES March 19, 1991 assist in generating funds. In addition,if a.facility.is.byilt,he..*d the Council may wish to consider the inclusion of vending machines. He said the Conk ii ittee:.bad:.ftupzie::f ;:those recreational facilities with a successful vending machine operation had been shoOvii"to regitiie l&tlt'a$di[ional funding from the City for operations. Wachter moved, McCrea secon401 a motion to accept the report of the Eagan Citizens Recreational Facilities Advisory Committee as presented. Aye: 5 Nay: 0 • At that time Councilmember McCrea recommended that the Committee concentrate their efforts in three areas: 1. Establish criteria for the.location a. Where would it located ::: b. What is the criteria for accessibility? c. Receive location..input.frpI major..uscrs and those who would be large purchasers of ice time 2. Funding strategies a. Identify the different funding mechanisms. b. What would work? 3. Work plan a. If this facility is going to:be;btsi t ;when would it happen? b. What kind of to be accomplished to make it occur? A discussion of locations followed and vvhat.locations would best be suited for an ice arena, pool, and YMCA. Councilmember Pawlenty said that`other:::dec sines.would have to be made regarding the City's infrastructure before a decision could be made regardiiigiii4lkement of this facility, especially as it concerns the municipal site. He said perhaps it wasn't necessary for the Committee to make a recommendation as to site, but to share an analysis of the two sites under consideration. Mr. Fuchs said the Committee had done an analysis of the two sites, including the pros and cons of each, and they seem to be equally suitable. City Administrator Hedges said the Council could consider funding for one of two directions: 1) research data and study whether the infrastrnz isei:parkirtg..and:traffic flow would work and then 2)analyze the criteria outlined by Councilmember Mcciek;::Mi.::Secfies.::iiictihe studies could be done in reverse; however, any funding would be for planning purposes only and::niritlier should be construed as meaning the project would go forward. It was generally agreed that while-it:.waa:isuportanlAo:know where the facility would fit,decisions as to financing of the facility were first and fore iniiat;: et:id4io ial: discussion,City Administrator Hedges said that the three criteria outlined by Councilmember McCrea would be referred back to the Committee with funding as their first priority. In addition, Councilmember Gustafson recommended that a meeting be held with the entire Eagan Citizens Recreational Facilities Advisory Committee to present a review of the City's Capital Improvements Program and how the recreational facility would fit into that picture. At 8:30 p.m., Councilmember McC tt:bias't a1Ieit::aw y from the meeting and did not return. PRELIMINARY PLAT EXTENSION/BLACKIIAWK ACRES 3RD ADDITION Pawlenty moved, Wachter seconded,.a_motion.::to::apistove the extension of the preliminary plat for Blackhawk Acres 3rd Addition subject to::the i ii thned:on the following page: Page 7/EAGAN CITY COUNCIL MINUTES March 19, 1991 1. These standard conditions.of.plat:approval.as,adopted by-Council action on September 15,1987 shall be complied with: : :$ : ; ;: ;> 3 D1, Ei, F1 and G1. 2. Easements will be requited on the water and sewer lines which serve the development. 3. The development is required to submit detailed plans and specifications for the proposed retaining wall for City staff review and comment prior to final plat. 4. The development is required to provide limited visibility fencing. 5. The development is required to provide a suitable barrier along the edge of the border for safety reasons due to t1:0:iie ining;ywell as required by staff. 6. The development is required.:to:.piovide_a cash dedication for fulfillment of water quality requirements as identified:t :.*:0 ty'y:e i.preheiisive water quality management plan($2,652). Aye: 4 Nay: 0 REZONING/PRELIMINARY PLAT/WILLBROOR ADDITION Mayor Egan introduced this item as a rezoning.;t>f:::Willbrook Addition, Jim Williams and Tom Westbrook, of approximately 3.2 AG (Agricultural):acres:a:0 PD (Planned Development) acres to an R-1 (Single-Family) district and a preliminary.pla:eo4insisting.of:17 lots on approximately 9.9 acres located along the east side of Lexington Avenue, north of:::W�scott Road: in the southwest quarter of Section 14. City Administrator Hedges said the Advisory Planning.Commission had considered this item at their February 26, 1991 meeting and were recommending approval Director of Community Development Runkle said t'lii3' was a new application for a rezoning and preliminary plat. He said the Advisory Planning Commission had reviewed the application and because of their concerns, the developer had reduced the number of lots to 16. Mr.Runkle said all of the 16 lots met the 12,000 square foot minimum requirement. Wachter moved, Pawlenty seeonded::a:::motion to.:.approve the rezoning of approximately 3.2 AG (agricultural) acres and 63 PD (Planned ulogmeat):. c e :to an R-1 Single-Family district. Aye: 4 Nay: 0 Gustafson moved,Pawlenty secoii4i!d a moti n:to approve the preliminary plat for Willbrook Addition consisting of 16 lots on approximately 9.9 acres•.l�ted:.along..the east side of Lexington Avenue, north of Wescott Road in the southwest quarter of ::14 Subject rts:the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be applied with: Al, Bi, B2, B3, B4, Cl, C2, C5, Dl, El, Fl, Gl, H1. 2. No direct access to Lexington:AYC .c.P.A ty Road 43) shall be allowed. All curb cuts shall be removed. 3. A 40 foot setback from t:exiagton Avenue (County Road 43) shall be allowed. 4. Barn buildings shall be*moved,prior to.conMruction. Page 8/EAGAN CITY COUNCIL MINUTES March 19, 1991 ......... 5. Additional landscape screening along the west cul-de-sac to shield headlight glare on users of Lexington Avenue shall be Fovdd 6. The well and septic systm:.shall be properly abandoned. 7. The storm sewer system i toCated in the east ditch line of Lexington Avenue will be connected to the existing storm sewer located approximately 200 feet north of Cardinal Way. 8. The two existing one inch copper water services will be disconnected at the existing six inch main. The existing hou:Flocated on Lot 2, Block 2, will get its water service from Cardinal Way and Lot 3, Block 1::;:*1 also get as water service from Cardinal Way. :::.:.:: ••" 9. An emergency overland damage route is required between Lots 3 and 4, Block 2. 10. Additional drainage the south end of Block 2 to the HWL of 895.7 and for the ponding. thth line of Block 1. 11. All lots are required to hook up to City sewer and water. 12. Retaining wall plans shall be submitted before approval of final plat. Aye: 4 Nay: 0 PRELIMINARY:PLAT/BUROIEW POND ADDITION Mayor Egan introduced this item as a preliminary plat, Burrview Pond Addition, Sander & Co., Inc., consisting of 132 apartment units on approximately 13:7•Pie.ii.i•O0y.zoned R-4(Multiple) acres located along the south side of Highway 55 in the northeast quarter of Section 12.::City Administrator Hedges said the item had been considered by the Advisory Planning Commission at their February 26, 1991 meeting and they were recommending approval. Director of Community Development Runkle said this item had been before the City Council before. He said the parcel was originally part of thql:R74:4nulti-fanlily.:residential study but was removed in order to negotiate a use more appropriate for this-.04.0iIi::::H5::0i0:4*iapplicant then started the process to submit a revised plan and the proposed plat wentWthe ikai*0 Planning Commission for review. Mr. Runkle said because of concerns expressed at the APC:meeting,the applicant had addressed as many areas as possible. In addition, he said the applicant had attempted to retaja:as many of the natural amenities on the site as possible. Mr. Runkle said a neighborhood meetiiii*§,. .14.;*(F......Ab.r.wy..20 and a public hearing held at the Advisory Planning Commission meeting on Februa .:.2.:6;:**:i4tal.IC,@:;.:',1;*1 Bell,representing the applicant,was present to answer any questions. Mr.Dwight Larson,of 3225 Random Road,said that building this complex would double the population of the area. In addition, he said that such a population increase would require that the street frontage road be upgraded and asked who would pay for the aggral0;:.•::::10e..said any upgrade would benefit only one property owner. Mr. Larson then discussed the nee.4444:fiiiiit**Oen the apartment building and the single-family homes and expressed his concerns about the t4iter terrain iii:OTarking lot and the accompanying bright lights. He said even though the property is zone he did not believe it practical for an apartment building to be located in an area where the only service:licarby is a convenes conveniee store. Mr. Chuck Ahlberg, 565 Chap4:44;:414:1*.i:iii0iii.00 had been identified as the most negatively affected by this project. He said this prOjkitSiii4;iiiiiiieSiiitililefOr an R-4 development and yet the developer Page 9/EAGAN CITY COUNCIL MINUTES March 19, 1991 had planned the maximum density for the..rea....MtrAhlttet ,said.that the building is 600 feet long and the only access to the property is off Highway 55:;:Mt :Ahfidtg svgg sled that a practical solution may be to eliminate the back 8 units or shift the last 8 units iiiiiiiiif east: 'He'said he presumed it would cost more to either eliminate them or shift them,however,hie;:tid not think the City Council was here to guarantee a profit for the developer. In addition,he suggested the::elamination of the wood face construction and that lap siding,block or masonry y be substituted. Mr. Ahlberg said that a fence would d be mandatory to minimize the liability and to protect their properties. Lastly, he asked how many and at what density trees would be planted to screen the development from the single-family homes. Mr.Jerry Groth,642 Rita Court;::said he had.met with a representative of MnDOT who indicated the frontage road is narrower than it should*for for the*punt of traffic anticipated. Mr.Groth also suggested the City Council ask the developer to put m.<*iey in escrow for a semifore which will soon be needed. Mr. Groth agreed that a fence was necessary. Mr. Jack Truesdale, 3315 Highway::55 ski iw et er'the utilities, water and sewer would have to be upgraded if this project were approved and who would pay for it Mr. Truesdale said if the service road were widened, part of the property necessary to widen the road would have to come from his front yard and would devalue his property. Mr.Truesdale said he has had enough taxes and assessments and there is a limit to how much one can take. Mr.Kevin Schaaf,646 Rita Court,said that propertyvatites in the area were going down because of what had been done in the past,especially the Dodd Hill:T40 oases.' Mr.Schaaf said traffic in the area is very heavy and the City Council should look at the Sharon Manninen, 624 Sally Cir ld;::said;she too had asked an engineer from MnDOT to look at the area He had indicated to her that stoplight3•'are::i istalled:pn a"warrant"basis. She said she realized that another stoplight on Highway 55 would be difficult,however;:43ic:*sked that the City Council require the builder to put in stoplights and turn lanes. Ms. Manninen said that with'the traffic they have now, it is very difficult to get across. Mr. Don Chapdelaine, 575 Chapel Lane, said his property was the second most affected by the apartment building. He said berming,trees,and screening would be very important in mitigating the impact on property values; however, indicated his prefereiice..for a.loyvez density development. Ms.Cathy Bahrke,618 Sally Cirele;:said she:vas'totally opposed to the development but if it were built, a fence should separate the apartment.complex fr'o'm the single-family homes. She said the Dodd Hill Townhomes were the slums of Eagan an4:because of:t#iem,the airport noise,and now this development,future sales in their neighborhood would be adversely: cted:::In•addition,Ms.Bahrke said that because the property was removed from the R-4 multi-family:''reside shit}r; t1re?neighbors never had an opportunity for a public hearing on the R-4 zoning. She asked that the City Council deny the preliminary plat. Mr. Bob Treichel,of 3275 Random Road, said when the Dodd Hill Townhouses were built,there was to be a buffer between them and the single family homes. However,he said once they were built,there was only 20 feet between the back door of his home and:tie back door of one of the townhomes. Mr. Treichel said it is not fair that more multiple is to be built iif:t ir'a ea:'I e:sai i.the development is too dense and the computer graphics do not accurately represent whaf::will be built. Ms. Cindy Klotzbach, of 603 04pel Lane, said sher::yeas concerned about safety as the increased population could indicate the potential.:kit;.b..to..1Q•:achtgs#::biters coming in and out of the area She also expressed concerns regarding access. Page 10/EAGAN CITY COUNCIL MINUTES March 19, 1991 Ms.Cathy Brazeau,of 3239 Random Road,.said she had major concerns regarding the extra traffic,the narrow road, and accompanying safety Mr. David Manninen,624 Sally;C le, said all houses in the neighborhood are a minimum of 30 feet from the street and there would be no r®jpii;for a wider street. In addition,Mr.Manninen said whatever costs are incurred, he did not want to pay for them and the developer had better "foot the bill." He went on to say if the development must occur, it should be a quality project with less density. Mr. Bill Baumann, of 3245 Highway 55, said he had lived on the service road for 23 years. Mr. Baumann said that in winter, the service:* ad corner is impossible and because there are no sidewalks, in the summertime everyone walks in the street::.:Because:tf the additional traffic,he had concerns about safety. Ms. Gail Ahlberg,565 Chapel Labe,said the:property owner and the developer want to make a profit by building the apartments. Ms.Ahlberg.said..tlur.homeowners in the area also want to make a profit when it's time to sell their homes. She said because:of:t :increased dens ty,the value of their property would decrease. The Mayor then closed this item to public testimony. He asked Community Development Director Runkle whether the siding on the apartment building met the City standard of brick or better. Mr.Runkle said the ordinance calls for maintenance-free or non-combustible materials on 60 percent of the building and what was proposed would meet the ordinance. The Council turned its attention to the questio ailiezoning for this property and whether it was an appropriate land use Councilmember Gustafsitit[:sai4:&.:.City Council had attempted to reduce the amount of R-4 zoned property in the City, but were:uinisuccessful on some occasions because the law would not permit a reduction. He asked the City Attorney whether;this.site was one that could not be changed. City Attorney Sheldon said his office had not performed a formal uidy i a this property but had on a number of other R-4 properties and of those properties, some were rezoned'aiid:;soiiae:are still pending. However, on a number of the properties, they had advised the City Council that because'of the nature of the development rights in the property,any attempt to rezone the property would subject the City to liability for that rezoning and would create a "taking" of the property. He said the issue arises when a developer has perfected development plans to the point where they have a vested interest in the property and have met a "fact and circumstances" test. It was pointed out that this property.W.*: moved fr m.:the R-4 multiple family residential study because the developer had a plan to submit to the;City:Coucil :::Maj+ti: gan said the City was led to believe the plan was to be a superior product yet the :uuttiber of; its per acre was at the high end of the R-4 zoning. Councilmember Pawlenty added, howevei;that even if'the development came in at a D-III or a D-II, many of the issues and problems would still remain i;; Councilmember Gustafson said t statf:I cl: sated the frontage road should be upgraded thereby placing the road 10 feet closer to the homeowners. He asked the City Attorney if the zoning was acceptable, whether the City was required to widen the frontage road. He also asked if the City did not wish to widen the road with a 20 foot setback, whether the project could be denied. Mr. Sheldon said the first issue would be where the right-of-way would come from. He said the Planning Report had indicated it would come from the developer rather than the adjoining property owners:;:;: a said assuming additional right-of-way was still necessary, it would become a public im tiyemefii€'issue:;::: ?Jr. Sheldon said a feasibility report would be performed and an analyses, including the;feasibility and the: ding sources, would address the issues. The question was asked if the road was upgraded, how much would have to be upgraded and how it would be financed? Director of Public Works Coll*1-1 said upgrading thc:frontage road was not being considered at the present time However, if it were, how;niiich,would.•be:upgraded and how much it would cost would depend upon the scope of the project. He said if if::*:#00.44.:**44::04iied,it would be reasonable to assume that the cost would be borne by the developer. •1T6. said If'the upgrade extended to the west, it is City policy that Page 11/EAGAN CITY COUNCIL MINUTES March 19, 1991 .•.•.•.•. adjoining property owners pay for the improvements. In.addition,he added that because there is only private property on the south side of the roadi*:140**400::finance their share of the frontage road and significant participation by the City as wllhdjntproprty owners could be anticipated. A question then was asked about upgrading utilitie$:::;:.Pirector of Public Works Colbert said a review of the system had indicated it could provide utilities withogSajor modification. Before proceeding any further, it was determined that an opinion as to the City's legal options would be appropriate. Pawlenty moved,Wachter second0 a motion to continue indefinitely the preliminary plat for Burrview Pond Addition and that the legal staff be directed t research the legal options to rezone this property and historically analyze why it was removed from the k4;i2ulti-family residential study. Aye: 4 Nay 0 ..•.•. ht0agr010.A FINAL PLAT/CLIFF LAKE CENTRE 2ND ADDITION Gustafson moved, Wachter seconded a motion to approve the final plat for Cliff Lake Centre 2nd Addition. Aye: 4 Nay: 0 EAGAN POLICY FOR ENG8GING.:PiiiitESSIONAL CONSULTING SERVICES Gustafson moved,Wachter seconded4:*otxon.to'iliprove an amendment to the City's purchasing policy for engaging professional consulting services Afr:-.•::::.4.:•::;14.4Y4:::9.• MEDICARE COVERAGE/COUNCILMEMBER WACHTER Before this item was discussed,Councilmember Wachter announced that he would abstain from voting on this issue. The Councilmember was not present during discussion. ......:•:::•:•:•:i: City Administrator Hedges said was now eligible for Medicare coverage and supplemental benefits and had asked that the Cfly consider removing him from the health benefit rolls and placing him in the supplemental coverage for Medi Care. Mr. Hedges said that the employer is not allowed to offer the employee Medicare supplemeiggcoveragOif health insurance coverage is rejected by the employee, however, it could be offered for reimbur:S4*ent::*Iiinoti41.:.M.F.Hedges pointed out that the City Council in deciding would have to look at any preci4etif:64;siiiiiiii4:!* Iii)t noted that the amount of the payment would be less than health benefits coverage for Councilmember Wachter. Mr. Hedges said such action would only apply to employees over the age of 65. Gustafson moved,Pawlenty seconded a motion to approve reimbursing Councilmember Wachter for his social security deductions for Medicare supplcx4.00:;Oye:rage noting that such action is intended for those persons eligible for Medicare and has resitl14 in'i:'iiik4i0in,gs to the City. Aye: 3 Nay 0 (Abstain: Wachter) .•:::::•:. BARGAININGAGREEMENT This item was discussed in exec04*Oii*:4.50*of the meeting. ...............•.•.•.•....••••••••••• Page 12/EAGAN CITY COUNCIL MINUTES March 19, 1991 MISCELLANEOUS ITEMS/EAGANDALE ATHLETIC CLUB SIGN After discussion, the City Couric 'ieteimi 'Elf't`ity staff would work with the owners of the Eagandale Athletic Club in an attempt tb.tesolve the issues surrounding the sign cover they have installed over the monument sign on Club property. CHECKLIST Wachter moved,Egan seconded a motion to approve the checklist dated March 19,1991 in the amount of$1,107,330.56. Aye: 4 Nay: 0 EXECUTIVE SESSION/ADJOURNMENT The City Council adjourned the.tegular..meeting to an,executive session to consider attorney/client privileged information at 11:15 p.m. Mayor Egan, Councilmembers Gustafson, Pawlenty and Wachter, City Administrator edies"and'Oity'Attorney Sheldon. The executive session was adjourned at approximately 11:45 p.m. KF CITY OF EAGAN • :: .J. VanOverbeke, City Clerk • • • EXHIBIT A REPORT OF EAGAN Ct' IZENS RECREATIONAL FACILITIES ADVISORY COMMITTEE This Report conta . s the recommendations of the Citizens Recreational Facilities Advisory Committee to the Eagan City Council. .tackground In the- spring of :990, the Eagan City Council sought the assistance of Eagan re.444Ats.:.wh.o.:..were interested in serving on a committee to consider various ice arena alternatives for the City. All citizens who expressed an interest in serving on the committee held an informal first meeting on Monday, June 4 , 1990. Each resident introduced himself:::: :2e 'self to the other prospective task force members and: all. participated in an informal survey on various issues concerning the:: ie::::arena proposal. By official Council action, on June 5, 1990 eighteen Eagan residents who expressed an interest and a willingness to serve were appointed to the Citizens Task Force to Consider Ice Arena. Alternatives. During the ensuing months, one:?ireiibier: : zas:4dded to the Committee and two members resigned. Activity The Task Force held its first official meeting on June 27, 1990. With the assistance of City Administrator Tom Hedges and Parks and Recreation Dire q0.0en.::Vraa, the Task Force reviewed its purpose as determined .*:.:,:the City': : uncil, defined its objectives, adopted a prospective :One frame toy :complete its task and agreed on a meeting schedule. The task force agreed to continue to meet on Wednesday evenings every::other week. The Task Force also reviewed the results of the survey::.:faram:40::::3 e 4 'meeting regarding the various ideas members of..the Task••.Force had regarding the ice arena. At the June 27 meeting, the members of the Task Force dis- cussed the general topical areas that members believed to be within • the area of responsibility of:.:the Task Force. The members agreed to address its task in €our general stages as follows: type of facility, site location : :i:nan8iii4.3iternatives and involvement of the YMCA. Task Force members Dick Hansen, Jim Runkle, Doug Lee and John Scharffbillig agreed to meet during the following weeks and informally tour other municipal•.:.:id swimming facilities in the metropolitan area Dick:::ffanseii took his video camera along on those tours and the tapes...1 ere::<shown to the entire Task Force at subsequent meetings. While viewing::::tie other facilities, the Task Force members also talked with managers of some of those facilities regarding their operations and reported back to the group. Task Force members toured ice.:;., r2na: facilities in Richfield, St. Louis Park, Eden Prairie, Edi#ia.:; Hopki:hs, Blaine, Brooklyn Center and Crystal. During the first feoi iiietiii e-:.:iif:':the Task Force, several members expressed an interest in expanding the scope of the Task Force's responsibility to include,..consideration of construction of an outdoor swimming poo1.; ::Tsk .Feica :.members who viewed other ice facilities noted that several of those facilities were constructed in conjunction with an i t td.o r::::s'wim* ng pool. Task Force members ............................. ............................ ............................. .................... -2- • learned that one of the highest priority items on a recent survey of Eagan residents regarding desired recreational facilities was for an outdoor swimming:pool.:::., Subsequent meetings':ieif'' .'hfe::::' asjc"'Force during the summer months focused on the ice arena:::and swimming pool facilities and their respective features and design and on the number of soccer fields and ball fields in the City and the ever-increasing demand for their use Committee itiieiabers::::discussed the need for additional ball fields and the suitabili•t of the City property at Lexington and Diffley for construi tx:o ::* ::::si.ch:::ball fields. Ken Vraa gave a presentation to the Committee regarding population and how it affects the demand for ball field and soccer fields and how Eagan fits into that demand now and in.:t a::::future. Jan Linton provided the Committee with informat:3:on rani a discussion on the current and future needs for additionalball "fields and soccer fields. At the July 11 meeting, the'. i tiers adopted a resolution to request that the City Council approve a change of the name of the Task Force to the Eagan Citizens Recreational Facilities Advisory Committee. The members . e t::.that...:thee group's focus was for rec- reational facilities fpz::the City and should not be limited to an ice arena. The name change wa$: approved by the City Council. At its August 22 iiieeting:f: Ta i5eesz, manager of the Burnsville Ice Arena facility, and Mark Claussen, manager of the Blaine Ice Arena, both gave lengthy presentations to the Committee and dis- cussed specific positive iu1.: i egat ve features of their respective facilities. Following the presentation, both managers made recom- mendations to the Commfttee4egex74 :?g desirable features to be -3- • ' included in the Eagan facility. Both managers also gave detailed financial information QZ:::their facilities to the Committee. In his presentation:i....lirY:•:•ClaU:s:sen pointed out that the Blaine facility is adaptable f0 indoor soccer and that each year, in the March-April-May time frame, the Blaine arena becomes strictly an indoor soccer facility. Mr. Claussen pointed out that the demand for use as an indoor soccer facility was significant in that it generated revenue for t3 a facZ:Zity during a time of the year when demand for ice time declsines:':::'Blaine organizes and participates in an indoor soccer league::: itci:lis' eers from as far away as Rochester participating. Mr. Claussen recommended that the ice area be adaptable for indoor soccer. Both Mr. Seesz and Mr. Claus-soi3:::strongly recommended that the ice arena include a large:?concess: on stand area with additional space for vending machiifs: :::;the financial information supplied by both managers showed significant..':re:!venues generated by the conces- sion operation. Mr. Claussen strongly recommended that the con- cession operation be managed and staffed by arena employees and that it be treated as an:::: iiiportant::dart of the arena facility. It appeared to the Committee memoirs that the concession revenues were the difference between::::operatig the facility around the break-even point or operating it cash flow. The Blaine Ice Arena consistently operates at positive cash flow and is even able to establish a fund for fut4re.:.:capital improvements. In addition to Mr..::; eesz and.fir.. Claussen, at the same August 22 meeting, Gene VanOverbeke, Director of Finance, gave the Com- mittee a presentation of:::floe:::V.4.a ii*:::methods of public financing ....... ........ ............................ ............................. ............................ -4- and how they worked and answered questions of the Committee members on those financing methods. At its September 5: meetizg4;;...th :Commi'ttee discussed the accumulated information .4 had received in prior meetings and agreed that the information gathering phase of its efforts had been completed. The Committee then set out to make decisions on the four phases of its task... Reccendations Ice Arena • The Committee firs ::i : .r:e:sscii:Ua design of the recreational facility it would recommend to the City Council. Based on a com- bination of investigation by Committee members, recommendations of other cities and professionals.,.;.;:at : personal experience of some Committee members, it wa:s :agreedto recommend to the City Council that an ice arena be constructed:.in Eagan and that the facility include the following features: - 100' x 200' ice sheet at a level below exterior grade - seating capacity of 1250 with standing room of additional 250 - bar joist ceilin} tonsttion (no wood) - glass block lighting on...north wall - ice sheet to be atap :a1Ie. ndoor soccer - design for ability to add a second ice sheet - large concession stand area with extra room for vending machines and separate.;..7 ;oom, with tables/chairs with window overlooking ice she - four locker roomith two shower facilities, one each to be shared by two locker rooms - rest rooms on both,;:;4py: ::: : evel and upper entrance level -5- - large lobby area (probably in conjunction with concession stand) - separate office :•area for manager - separate rooms ta3ce s3Azpening, ' general public to change skates ard. "pro shop" - separate room a "•ice level for referees In addition, several Committee members expressed a strong personal desire to remain involved in the design stages of the ice arena facility and requested Oat the City Council be specifically . advised of the desire and willingness of some members to continue to contribute. Swimming Pool The Committee then addressed the concept of additional recre- ational facilities and their design: Based on investigation of Committee members and aerial presented to the Committee, the Committee agreed to recommeidto;:.:the City Council that an outdoor • swimming pool be constructed in coi#thction with the ice arena facility and that the pool include the following features: - "zero depth" entry for children/handicapped persons • - L-shaped pool, 50.:::meters :::lonqand eight swimming lanes wide - diving area on appositend of "zero depth" entry with a one meter and a three:::meter:.:.diving board - two water slides: le:asfeet high and 150 feet long - large concession area accessible from the outside (could be the same as the ice arena concession area) - sand volleyball court-:::separated from pool by automatic shower facility - playground and picnic area - separate exterientranc.e .to400l area with ticket/access control -6- - a few larger (3 ' x 6') changing cubicles for use by family groups or handicapped The' Committee membet`s also recommended to the Council that the ice arena and swimming pc3: rlj, ans ructed side by side so as to enable them to share parking, the concession stand, locker rooms and other such features as are adaptable to the use of both facil- ities. The swimming pool:::;jrnvest.i.9ation was spearheaded by Frank Potocnik, who visited various4acilities and showed a video tape of his visits to Crystal, ::E1QQmingtQn..:.and Winona. The Winona outdoor swimming pool was just completed in the summer of 1990 and is the model for the Committee's recommendation. The Committee's recommendation..•Qf features for the swimming pool are based on interview:sith pool managers and various city park/recreation directorsIwho have uniformly stated that a pool's success, both in public acce'•rtaicc::::and revenues, depends on devel- oping a "fun", family-oriented facility, and that, generally speak- ing, pools with large water slides 'and other such "fun" features were operating at a profit_and those without such features were operating at a Site Selection The Committee then adt 0 SSedthe second phase of it task, the issue of site selection. The Committee understood that, due to the size of the ice arena/swimming pool facility it was proposing, there are currently only.:tW44*:within the City where the City owns sufficient land su table for development of the recreational facility. Those two sues are at tries Lexington/Diffley intersec- -7- tion and on the east side of Pilot Knob Road directly south of City Hall. The Committee held.:.:a.:..l..engthy::: is.cussion regarding the two sites and the desirable and undesirable features of each Some Committee members expre4sed very strong opinions and preferences for one site or the other. Some members believed both sites were suitable and had no preference. Some members believed that no recommendation should be:::made::: ecause land use and other City needs or future plans were beyond tie scope of the Committee's knowledge. Other members believed *2 �::CQ iiii3;ttee :should make a recommendation for one site or the other. • After significant discussion, a motion to recommend the site south of the City Hall failed y:::.. ::•f:::to 5 vote. A second motion not to recommend either ::sI:te and :that any site recommendation come from the Advisory Parks aiid` tecreation Commission and the Planning • Commission passed on an 8 in favor : against and 1 abstention vote of the Committee. YMCA Involvement The Committee then .:turned to:::phase three, the involvement of the YMCA in the management of tie ice arena. A representative of the YMCA had attended all of the Committee hearings and had kept the Committee advised o'f'`ttit:":V''s?? t sition as it pertained to our discussions. Darrell Silverness, Extension Director of the YMCA, had given the Committee an jnforpational briefing at the August 8 Committee meeting. Mr. Silverness again took the floor at the Committee meeting on November 14 . At tha :: eet ; tr:::: :: Silverness informed the ............................ ............................. ............................ ............................. ..................... -8- • Committee that the YMCA continued to have a strong interest in establishing a facility:::of its own in Eagan. However, the YMCA was not interested in takiAg%::04::t} O::: z.ec ement responsibility of the ice arena/outdoor pool.:: .ecility. Mr. Silverness expressed the Y's strong preference to establish its facility on donated land and, ideally, that the Y facility be located next to and be operated in conjunction with the City-owned and operated ice arena/outdoor pool facility. Mr. Silvernc s also said that the City of Eagan could, in effect, have a community recreational facility for the price of the ice area/outdoor pool:' '::: : ' `' ::: The Committee then turned to two final matters. On a 10 in favor, 3 against vote, the Committee recommends to the Council that it continue to discuss with the:'IMCA the concept of establishing a YMCA facility in con 'unct;ior with: City-owned 7 y-owned and operated recre- ational facilities to give the residents of Eagan a recreational center and focal point. Financing Having been informed of the Y's position, the Committee then turned to its fourth phase of disctsion, financing. The Committee had lengthy discussions-on various methods to finance the construc- tion of the ice arena/siimzning: :pool..facility, including raising funds through private fiiricl ra s rig''itforts, corporate contributions and public financing. The Committee also discussed the method by which a referendum for public:::: financing of the project should be submitted to Eagan residcrts. Following its disGu.ssion, the Committee voted to recommend to the City council that arty::: : e# i :::submitted to the voters to -9- approve financing of the recreational facility be submitted in the form of a three-stage cition, thereby allowing Eagan residents to select the extent of recr tio.TA:facility development. The Com- mittee voted 11 in favorand 2 against that the referendum be submitted in the following order and in the following general fashion: A. Should the City: of Eagan issue bonds in the amount of $ tO:-fund construction of an ice arena? Yes No B. If you answered''yes to Question A above, should the City of Eagan issue additional bonds in the amount of $ to fund construction of baseball, soccer and softball fields? Yes No • • C. If you answered =yes to Question A above, should the City of Eagan issue additi.onal bonds in the amount of $ to fund construction of an outdoor swimming pool facility? Yes No The Committee further recommended that the bond referendum be submitted to the voters at a:::spec: al election, rather than be included with the general election, and that the referendum be submitted to the voters.:as:;:soo :::a s ;possible but no later than March or April, 1992 . In addition, the Committee agreed to pass on to the Council its concern that the relat. :vely::$hort term of the bond issue that was proposed for the community center; had a negative impact on that referendum, and that tnifiliterm for tli.proposed bond issue recom- mended here be for a tent longgt:':than: ten years since the useful -10- • life of the proposed facility will be longer than ten years. Finally, several C:iS amittee members expressed a desire to pass on to the Council their-,::: ill.ingness....to continue their involvement in these efforts and that''the Council consider establishing sub- committees on (1) priva€e fund raising, (2) architectural design of the ice arena, and (3) public information and marketing of the • recreational facilities recommended by this Committee. • Respectfully submitted, EAGAN CITIZi NS RECREATAarL FACILITIES A DVISORY C% T TTEE BY: / /API AAA/ ..__. Gar /99•fuch-, '�airperson• / ::� £.�= Potocn, k, ice Chairperson a lomquist oh Glynn / Ri and Hansen Floyd A. Hiar • •Oz.an Johnson :Jack Johnson Bryan Karrick Tom Kranz Jan Linton Alan Menning Mark Miller Runkel .John Sharffbillig Jerry Thompson Tom Wilson -11-